University  of  California  •  Berkeley 


PROCEEDINGS 


OF  THE 


Constitutional  Convention 

HELD  IN 

DENVER,  DECEMBER  20,  1875 

TO  FRAME  A  CONSTITUTION 

FOR  THE 

STATE  OF  COLORADO 

TOGETHER  WITH 

THE  ENABLING  ACT 

Passed  by  the  Congress  of  the  United  States  and 
Approved  March  3,  1875 

THE  ADDRESS  TO  THE  PEOPLE 

Issued  by  the  Convention 

THE  CONSTITUTION  AS  ADOPTED 

AND 

THE  PRESIDENT'S  PROCLAMATION 


PUBLISHED   BY  AUTHORITY 

TIMOTHY  O'CONNOR,  SECRETARY  OF  STATE 


DENVER, COLORADO 

THE  SMITH-BROOKS  PRESS,  STATE  PRINTERS 
1907 


CERTIFICATE. 

STATE  OF  COLORADO, 
OFFICE  OF  THE  SECRETARY  OF  STATE, 

I,  TIMOTHY  O'CoxxoR,  Secretary  of  State  of  the  State  of 
Colorado,  do  hereby  certify  that,  in  accordance  with  the  pro- 
visions of  Chapter  135  of  the  laws  of  1907,  (S.  B.  No.  21,  by  Sen- 
ator Barela,  approved  April  5,  1907),  I  have  had  prepared  for 
publication,  and  caused  to  be  printed,  bound  in  book  form,  all 
records  of  the  Constitutional  Convention  of  Colorado  held  in  1876 
and  all  records  of  the  meetings  and  proceedings  thereof  and  all 
records  and  documents  pertaining  thereto;  that  the  said  printed 
records  have  been  carefully  compared  with  the  original  docu- 
ments on  file  in  my  office,  and  that  the  following  are  full,  true 
and  correct  copies  thereof. 

In  Testimony  Whereof,  I  have  hereunto  set  my  hand  and  af- 
fixed the  Great  Seal  of  the  State  of  Colorado. 

(Seal) 

Done  at  Denver,  this  first  day  of  August,  A.  D.  1907. 

TIMOTHY  O'CONNOR, 

Secretary  of  State. 


PREFACE. 

In  the  following  pages,  the  text  of  the  original  manuscript 
minute-book  of  the  proceedings  of  the  Convention  has  been  fol- 
lowed closely,  the  only  changes  not  indicated  in  the  text  being  of 
misspelled  words  and  manifestly  wrong  punctuation. 

Parentheses  in  the  text  indicate  insertions,  and  have  been 
used  only  when  the  meaning  was  manifest,  and  the  omission  was 
clearly  a  mere  clerical  error.  Brackets  have  been  used  for  sub- 
stitutions, indicating  that  the  word  or  words  contained  therein 
are  to  be  used  instead  of  the  word  or  words  immediately  preced- 
ing. They  also  have  been  used  sparingly,  and  for  the  most  part 
in  case  of  purely  clerical  errors. 

In  the  punctuation  and  capitalization  of  the  Enabling  Act 
and  the  President's  Proclamation,  the  Congressional  style  has 
been  followed.  In  the  case  of  the  Address  to  the  People,  the  or- 
iginal copy,  as  reported  to  the  Convention  by  its  committee,  has 
been  followed.  The  Constitution  itself  is  punctuated  and  cap- 
italized exactly  like  the  original  enrolled  copy  on  file  in  the  office 
of  the  Secretary  of  State.  Any  discrepancies  in  the  spelling  of 
proper  names  are  chargeable  to  the  original  manuscript. 


AN  ACT 

To  Publish  and  Bind  in  Book  Form  All  Records  of  the  Constitu- 
tional Convention  of  Colorado,  Held  in  1876,  and  All  Rec- 
ords of  the  Meetings  and  Proceedings  Thereof  and  All 
Records  and  Documents  Pertaining  Thereto. 

Be  it  Enacted  ~by  the  General  Assembly  of  the  State  of  Colorado: 

Section  1.  That  the  Secretary  of  the  State  of  Colorado 
shall  as  soon  as  possible  after  the  passage  of  this  act,  cause 
to  be  published  and  bound  1,000  copies  in  book  form  all  records 
of  the  meetings  and  proceedings  of  the  Constitutional  Conven- 
tion of  the  State  of  Colorado,  held  in  1876  and  all  records  and 
documents  pertaining  to  said  Constitutional  Convention  with 
such  other  facts  as  shall  make  the  same  a  complete  and  concise 
redord  [record]  of  said  convention,  which  record  shall  contain 
certificate  by  the  Secretary  of  State  that  said  records  are  full 
and  complete  so  far  as  the  records  in  this  office  disclose.  And 
said  copies  shall  be  distributed  as  follows:  One  to  each  living 
member  and  one  to  each  family  of  a  deceased  member  of  said 
Constitutional  Convention ;  one  to  each  member  of  the  Sixteenth 
General  Assembly  and  each  State  officer;  one  to  each  public 
library  in  this  State,  and  one  copy  to  the  Secretary  of  State 
of  each  State  and  territory  of  the  United  States;  the  remaining 
copies  to  be  preserved  in  the  office  of  the  Secretary  of  State, 
to  be  disposed  of  by  the  Secretary  of  State  at  $5.00  per  copy. 

Sec.  2.  The  necessary  work  to  be  done  for  carrying  out  the 
provisions  of  this  act,  shall  be  done  under  the  personal  direc- 
tion of  the  Secretary  of  State  of  the  State  of  Colorado. 

Sec.  3.  There  is  hereby  appropriated  out  of  the  general 
funds  in  the  State  Treasury,  the  sum  of  twenty-five  hundred 
dollars  ($2500.)  or  so  much  thereof  as  may  be  necessary,  to  carry 
out  the  provisions  of  this  act. 

Sec.  4.  Whereas,  In  the  opinion  of  the  General  Assembly, 
an  emergency  exists;  therefore,  this  act  shall  be  in  force  from 
and  after  its  passage. 

Approved  April  5th,  1907. 


ENABLING  ACT. 

FORMATION    OF    STATE    AUTHORIZED. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled ; 

Sec.  1.  That  the  inhabitants  of  the  Territory  of  Colorado, 
included  in  the  boundaries  hereinafter  designated,  be  and  they 
are.  hereby,  authorized  to  form,  for  themselves,  out  of  said  Terri- 
tory, a  state  government,  with  the  name  of  the  State  of  Colorado; 
which  State,  when  formed,  shall  be  admitted  into  the  Union 
11  j ton  an  equal  footing  with  the  original  States  in  all  respects 
whatever,  as  hereinafter  provided. 

BOUNDARIES  OF  STATE. 

§  2.  That  the  said  State  of  Colorado  shall  consist  of  all  the 
territory  included  within  the  following  boundaries,  to  wit :  com- 
mencing on  the  thirty-seventh  parallel  of  north  latitude  where 
the  twenty-fifth  meridian  of  longitude  west  from  Washington 
crosses  the  same;  thence,  north,  on  same  meridian  to  the  forty- 
first  parallel  of  north  latitude;  thence,  along  said  parallel  west 
to  the  thirty-second  meridian  of  longitude  west  from  Washington, 
thence,  south  on  said  meridian,  to  the  thirty-seventh  parallel  of 
north  latitude;  thence,  along  said  thirty-seventh  parallel  of  north 
latitude  to  the  place  of  beginning. 

CONVENTION ELECTION APPORTIONMENT PROCLAMATION TIME. 

§  3.  That  all  persons  qualified  by  law  to  vote  for  represen- 
tatives to  the  General  Assembly  of  said  Territory,  at  the  date 
of  the  passage  of  this  act,  shall  be  qualified  to  be  elected 
and  they  are,  hereby,  authorized  to  vote  for  and  choose  represen- 
tatives to  form  a  convention,  under  such  rules  and  regulations 
as  the  Governor  of  said  Territory,  the  Chief  Justice,  and  the 
United  States  attorney  thereof  may  prescribe;  and  all  who  are 
qualified  voters  of  said  Territory  under  the  laws  thereof,  at  such 
time  as  the  constitution  to  be  framed  shall  be  submitted  to 
the  people  for  ratification  or  rejection,  shall  be  entitled  to  vote 
upon  the  question  of  such  ratification  or  rejection,  under  such 
rules  and  regulations  as  said  convention  may  prescribe;  and  the 
aforesaid  representatives,  to  form  the  aforesaid  convention,  shall 
be  apportioned  among  tho  several  counties  in  said  Territory  in 
proportion  to  the  vote  polled  in  each  of  said  co-unties  at  ihe 
last  general  election  as  near  as  may  he;  and  said  apportionment 


10  ENABLING   ACT. 

shall  be  made  for  said  Territory  by  the  Governor,  United  States 
district  attorney,  and  Chief  Justice  thereof,  or  any  two  of  them ; 
and  the  Governor  of  said  Territory  shall,  by  proclamation,  order 
an  election  of  the  representatives  aforesaid  to  be  held  through- 
out the  Territory  at  such  time  as  shall  be  fixed  by  the  Governor, 
Chief  Justice  and  United  States  attorney,  or  any  two  of  them ; 
which  proclamation  shall  be  issued  within  ninety  days  next  after 
the  first  day  of  September,  eighteen  hundred  and  seventy-five, 
and  at  least  thirty  days  prior  to  the  time  of  said  election;  and 
such  election  shall  be  conducted  in  the  same  manner  as  is  pre- 
scribed by  the  laws  of  said  Territory  regulating  elections  therein, 
for  members  of  the  House  of  Bepresentatives ;  and  the  number  of 
members  to  said  convention  shall  be  the  same  as  now  consti- 
tutes both  branches  of  the  legislature  of  the  aforesaid  Territory. 
[As  amended,  March  3,  1876.  19  U.  S.  Stat.  at  L.,  p.  5.] 

CONVENTION    MEET CONSTITUTION    U.    S. REQUIREMENTS RELIGION 

— LAND TAXATION. 

§  4.  That  the  members  of  the  convention  thus  elected  shall 
meet  at  the  capital  of  said  Territory,  on  a  day  to  be  fixed  by  said 
Governor,  Chief  Justice,  and  United  States  attorney,  not  more 
than  sixty  days  subsequent  to  the  day  of  election,  which 
time  of  meeting  shall  be  contained  in  the  aforesaid  procla- 
mation, mentioned  in  the  third  section  of  this  act,  and  after 
organization  shall  declare  on  behalf  of  the  people  of  said 
Territory,  that  they  adopt  the  constitution  of  the  United 
States;  whereupon  the  said  convention  shall  be  and  is,  hereby, 
authorized  to  form  a  constitution  and  state  government  for 
said  Territory;  Provided,  That  the  constitution  shall  be  re- 
publican in  form,  and  make  no  distinction  in  civil  or  political 
rights  on  account  of  race  or  color,  except  Indians  not  taxed,  and 
not  be  repugnant  to  the  constitution  of  the  United  States  and 
the  principles  of  the  Declaration  of  Independence;  And,,  provided, 
further,  That  said  convention  shall  provide  by  an  ordinance  irre- 
vocable without  the  consent  of  the  United  States  and  the  people 
of  said  State ;  First,  That  perfect  toleration  of  religious  sentiment 
shall  be  secured,  and  no  inhabitant  of  said  State  shall  ever  be 
molested  in  person  or  property,  on  account  of  his  or  her  mode  of 
religious  worship ;  Secondly,  That  the  people  inhabiting  said  Ter- 
ritory do  agree  and  declare  that  they  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying  within  said 
Territory,  and  that  the  same  shall  be  and  remain  at  the  sole 
and  entire  disposition  of  the  United  States;  and  that  the  lands 
belonging  to  the  citizens  of  the  United  States  residing  without 
said  State  shall  never  be  taxed  higher  than  the  lands  belonging 
to  residents  thereof,  and  that  no  taxes  shall  be  imposed  by 
the  State  on  lands  or  property  therein  belonging  to,  or  which 
may  hereafter  be  purchased  by,  the  United  States. 


ENABLING   ACT.  11 

BLBCTION    <>\    ( (INSTITUTION' UKTIKNS     CANVASS CIMJTI  FI<  'A  Tl : 

l'i:i>ll»i:.\T   PROCLAIM. 

§  5.  That,  in  case  the  constitution  and  state  government 
shall  be  formed  for  the  people  of  said  Territory  of  Colo- 
rado, in  compliance  with  Ihc  provisions  of  this  act,  said 
t -onvcni  ion  forming  the  same  shall  provide  by  ordinance  for 
submitting  said  constitution  to  the  people  of  said  State  for 
their  ratification  or  rejection,  at  an  election  to  be  held  at 
such  time,  in  the  month  of  July,  eighteen  hundred  and 
seventy-six,  and  at  such  places  and  under  such  regulations  as 
may  be  prescribed  by  said  convention,  at  which  election  the 
lawful  voters  of  said  new  State  shall  vote  directly  for  or  against 
the  proposed  constitution;  and  the  returns  of  said  election  shall 
be  made  to  the  acting  Governor  of  the  Territory,  who,  with  the 
Chief  Justice  and  United  States  attorney  of  said  Territory,  or 
any  two  of  them,  shall  canvass  the  same;  and  if  a  majority  of 
the  legal  votes  shall  be  cast  for  said  constitution  in  said  pro- 
posed State,  the  said  acting  Governor  shall  certify  the  same  to 
the  President  of  the  United  States,  together  with  a  copy  of 
said  constitution  and  ordinances;  whereupon  it  shall  be  the  duty 
of  the  President  of  the  United  States  to  issue  his  proclamation 
declaring  the  State  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States,  without  any  further  action  whatever 
on  the  part  of  Congress. 

ONE   REPRESENTATIVE ELECTION OFFICERS. 

§  6.  That  until  the  next  general  census  said  State  shall  be 
entitled  to  one  representative  in  the  House  of  Representatives  of 
the  United  States,  which  representative,  together  with  the  Governor 
and  state  and  other  officers  provided  for  in  said  constitution,  shall 
be  elected  on  a  day  subsequent  to  the  adoption  of  the  constitu- 
tion, and  to  be  fixed  by  said  constitutional  convention;  and, 
until  said  state  officers  are  elected  and  qualified  under  the 
provisions  of  the  constitution,  the  territorial  officers  shall  con- 
tinue to  discharge  the  duties  of  their  respective  offices. 

LANDS    FOR    SCHOOLS. 

§  7.  The  sections  numbered  sixteen  and  thirty-six  in  every 
township,  and  where  such  sections  have  been  sold  or  otherwise 
disposed  of  by  any  act  of  Congress,  other  lands  equivalent  thereto 
in  legal  sub-divisions  of  not  more  than  one-quarter  section,  and  as 
contiguous  as  may  be  are,  hereby,  granted  to  said  State  for  the 
support  of  common  schools. 

LAND FIFTY   SECTIONS   FOR  PUBLIC  BUILDINGS. 

§  8.  That,  provided  the  State  of  Colorado  shall  be  admitted 
into  the  Union  in  accordance  with  the  foregoing  provisions  of  this 
act,  fifty  entire  sections  of  the  unappropriated  public  lands  within 


12  ENABLING    ACT. 

said  State,  to  be  selected  and  located  by  direction  of  the  Legisla- 
ture thereof,  and  with  the  approval  of  the  President,  on  or  before 
the  first  day  of  January,  eighteen  hundred  and  seventy-eight, 
shall  be  and  are,  hereby,  granted,  in  legal  sub-divisions  of  not 
less  than  one  quarter  section,  to  said  State  for  the  purpose  of 
erecting  public  buildings  at  the  capital  of  said  State,  for  legis- 
lative and  judicial  purposes,  in  such  manner  as  the  Legislature 
shall  prescribe. 

LAND FIFTY  SECTIONS  FOR  PENITENTIARY. 

§  9.  That  fifty  other  entire  sections  of  land,  as  aforesaid,  to 
be  selected,  and  located  and  with  the  approval,  as  aforesaid,  in 
legal  sub-divisions,  as  aforesaid,  shall  be,  and  they  are,  hereby, 
granted,  to  said  State  for  the  purpose  of  erecting  a  suitable  build- 
ing for  a  penitentiary  or  state  prison  in  the  manner  aforesaid. 

LAND SEVENTY-TWO    SECTIONS    FOR    UNIVERSITY. 

§  10.  That  seventy-two  other  sections  of  land  shall  be  set 
apart  and  reserved  for  the  use  and  support  of  a  state  university, 
to  be  selected  and  approved  in  manner  as  aforesaid,  and  to  be  ap- 
propriated and  applied  as  the  Legislature  of  said  State  may  pre 
scribe  for  the  purpose  named  and  for  no  other  purpose. 

LAND — SALT   SPRINGS,    SIX    SECTIONS PROVISO. 

§  11.  That  all  salt  springs  within  said  State  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining,  and  as 
contiguous  as  may  be  to  each,  shall  be  granted  to  said  State  for 
its  use,  the  said  land  to  be  selected  by  the  Governor  of  said  State 
within  two  years  after  the  admission  of  the  State,  and,  when  so 
selected  to  be  used  and  disposed  of  on  such  terms,  conditions  and 
regulations  as  the  legislature  shall  direct;  Provided,  That  no  salt 
spring  or  lands,  the  right  whereof  is  now  vested  in  any  individual 
or  individuals,  or  which  hereafter  shall  be  confirmed  or  adjudged 
to  any  individual  or  individual,  shall  by  this  act  be  granted  to 
said  State. 

PUBLIC    LANDS 5    PER    CENT.    FOR    IMPROVEMENTS PROVISO HOME- 
STEADS. 

§  12.  That  five  per  centum  of  the  proceeds  of  the  sales  of 
agricultural  public  lands  lying  within  said  State,  which  shall  be 
sold  by  the  United  States  subsequent  to  the  admission  of  said 
State  into  the  Union,  after  deducting  all  the  expenses  incident  to 
the  same,  shall  be  paid  to  the  said  State  for  the  purpose  of  making 
such  internal  improvements  within  said  State  as  the  Legislature 
thereof  may  direct;  Provided,  That  this  section  shall  not  apply 
to  any  lands  disposed  of  under  the  homestead  laws  of  the  United 
States,  or  to  any  lands  now  or  hereafter  reserved  for  public  or 
other  uses. 


ENABLING 


13 


i  .\i:\iM:M»i:it  MAI. A  M  i:  <>r  APPROPRIATIONS. 

i  i:;.     That  any  balance  of  the  appropriations  for  tin1 
lalive   expenses   of   s;ii<l    Territory    of    Colorado    rema  iiiin-    D 
pended.  slinll   IK'  applied   to  ;in<I   used   for  defraying  tlie  expi 
<»f  said  roiivciilion.  and  for  the  payiin'iit   of  tlic  iiK-niltcrs  t]i<M-vof, 
under  the  same  rjiles  and   rc^ulni  ions  and   rates  as  are  now  pro- 
vided l»\   law  for  the  payment  of  the  territorial  legislature. 

SCHOOL   LANDS — HOW    SOLD PRICE. 

ji  1-1.  That  the  two  sections  of  land  in  each  township  herein 
granted  for  the  support  of  common  schools,  shall  bo  disposed  of 
only  at  public  sale  and  at  a  price  not  less  than  two  dollars  and 
fifty  renls  per  acre,  the  proceeds  to  constitute  a  permanent  school 
fund,  the  interest  of  which  to  be  expended  in  the  support  of 
common  schools. 

MINKKAL  LANDS  EXCEPTED. 

>;  !.">.  That  all  mineral  lands  shall  be  excepted  from  the 
operation  and  grants  of  this  act. 


JOURNAL  OF  THE  CONVENTION. 

In  pursuance  of  an  Act  of  Congress,  dated  March  3,  1875, 
•  •milled  An  Act  to  Enable  the  People  of  Colorado  to  Form  a  Con- 
stitution and  State  Government,  and  for  the  Admission  of  the 
Said  State  into  the  Union  on  an  Equal  Footing  with  the  Original 
States,  the  following  members  of  said  Convention  appeared  in 
Odd  Fellows  Hall,  in  the  First  National  Bank  Building,  in  the 
City  of  Denver,  at  2  o'clock  p.  m.  on  Monday,  the  20th  day  of 
December,  A.  D.  1875,  to  wit: 

From  the  First  District,  composed  of  the  County  of  Weld, 
S.  J.  Plumb  and  J.  S.  Wheeler. 

From  the  Second  District,  composed  of  the  Counties  of 
Weld  and  Larimer,  A.  K.  Yount. 

From  the  Third  District,  composed  of  the  County  of  Larimer, 
W.  C.  Stover. 

From  the  Fourth  District,  composed  of  the  County  of  Boul- 
der, Wm.  E.  Beck  and  Byron  L.  Carr. 

From  the  Fifth  District,  composed  of  the  County  of  Gilpin, 
Alvin  Marsh  and  L.  C.  Rockwell. 

From  the  Sixth  District,  composed  of  the  County  of  Clear 
Creek,  Wm.  M.  Clark  and  Wm.  H.  Cushman. 

From  the  Seventh  District,  composed  of  the  Counties  of 
Clear  Creek,  Summit  and  Grand,  W.  W.  Webster. 

.    From  the  Eighth  District,  composed  of  the  County  of  Jef- 
ferson, Geo.  G.  White  and  Wm.  Lee. 

From  the  Ninth  District,  composed  of  the  County  of  Arapa- 
hoe,  E.  T.  Wells,  H.  P.  H.  Bromwell,  L.  C.  Ellsworth,  F.  J. 
Ebert,  C.  P.  Elder  and  Daniel  Hurd. 

From  the  Tenth  District,  composed  of  the  Counties  of  Arap- 
ahoe  and  Douglas,  P.  P.  Wilcox. 

From  the  Eleventh  District,  composed  of  the  County  of 
Bent,  J.  W.  Widderfield. 

From  the  Twelfth  District,  composed  of  the  Counties  of 
Bent  and  Elbert,  John  S.  Hough. 

From  the  Thirteenth  District,  composed  of  the  County  of 
El  Paso,  J.  C.  Wilson  and  Robert  Douglas. 

From  the  Fourteenth  District,  composed  of  the  Counties  of 
Park  and  Lake,  Wm.  H.  James  and  Geo.  E.  Pease. 

From  the  Fifteenth  District,  composed  of  the  County  of 
Saguache.  W.  B.  Felton. 


16  PROCEEDINGS    OF    THE 

From  the  Sixteenth  District,  composed  of  the  County  of 
Fremont,  A.  D.  Cooper. 

From  the  Seventeenth  District,  composed  the  County  of 
Pueblo,  Henry  C.  Thatcher  and  Wilbur  T.  Stone. 

From  the  Eighteenth  District,  composed  of  the  County  of 
Las  Animas,  Jesus  M.  Garcia,  Casimiro  Barela  and  George 
Boyles. 

From  the  Nineteenth  District,  composed  of  the  Counties  of 
Las  Animas  and  Huerfano,  Agapeta  Vijil. 

From  the  Twentieth  District,  composed  of  the  County  of 
Huerfano,  Robert  A.  Quillian. 

From  the  Twenty-first  District,  composed  of  the  County  of 
Costilla,  Wm.  H.  Meyer. 

From  the  Twenty-second  District,  composed  of  the  County 
of  Conejos,  La  Fayette  Head. 

From  the  Twenty-third  District,  composed  of  the  Counties  of 
Rio  Grande  and  Hinsdale,  Wm.  R.  Kennedy. 

From  the  Twenty-fourth  District,  composed  of  the  County 
of  La  Plata,  Henry  R.  Crosby. 

Mr.  Douglas,  of  El  Paso  County,  called  the  Convention  to 
order,  and  on  motion  of  Mr.  Thatcher,  of  Pueblo,  Wilbur  F. 
Stone  was  unanimously  elected  President  pro  tern. 

On  motion  of  Mr.  Kennedy,  of  Rio  Grande,  George  Boyles, 
of  Las  Animas,  was  unanimously  elected  Secretary  pro  tern. 

Mr.  Marsh,  of  Gilpin,  moved  that  a  committe  of  three  on 
credentials  be  appointed  by  the  Chair,  which  was  agreed  to. 

The  President  pro  tern,  appointed  as  such  committee  Messrs. 
Alvin  Marsh,  of  Gilpin ;  C.  P.  Elder,  of  Arapahoe,  and  Robert  A. 
Quillian,  of  Huerfano. 

Mr.  Marsh,  Chairman  of  the  Committee  on  Credentials,  re- 
ported the  following  as  entitled  to  seats  in  the  Convention,  viz. : 

From  the  First  District — S.  J.  Plumb  and  J.  S.  Wheeler. 

From  the  Second  District — A.  K.  Yount. 

From  the  Third  District— W.  C.  Stover. 

From  the  Fourth  District — Wm.  E.  Beck  and  Byron  L.  Carr. 

From  the  Fifth  District — Alvin  Marsh  and  L.  C.  Rockwell. 

From  the  Sixth'  District— Wm.  M.  Clark  and  Wm.  H.  Cush- 
man. 

From  the  Seventh  District— W.  W.  Webster. 
From  the  Eighth  District — Geo.  G.  White  and  Wm.  Lee. 
From  the  Ninth  Distrrct— E.  T.  Wells,  H.  P.  H.  Brbmwell, 
L.  C.  Ellsworth,  F.  J.  Ebert,  C.  P.  Elder  and  Daniel  Hurd. 
From  the  Tenth  District— P.  P.  Wilcox. 
From  the  Eleventh  District — J.  W.  Widderfield. 
From  the  Twelfth  District— John  S.  Hough. 


. 


CONSTITl  TioNAI.    CONTENTION,  17 

From    the    Thirteenth     hisiriri      .!.    ( '.    \Yilson    and    Robert 

Douglas. 

From  the  Fourteenth  District — Win.  II.  .lames  and  <)<•<..  K. 
Pease. 

From  the  Fifteenth  District— W.  B.  Felton. 

From  the  Sixteenth  District — A.  D.  Cooper. 

From  die  Seventeenth  District — Henry  ('.  Thatcher  and  Wil- 
bur F.  Stone. 

From  the  Eighteenth  District — Jesus  M.  Garcia,  Casimiro 
P.airla  and  George  IJoyles. 

From  the  Nineteenth  District — Agapeta  Vijil. 

From  the  Twentieth  District — Robert  A.  Quillian. 

From  the  Twenty-first  District — Win.  H.  Meyer. 

From  the  Twenty-second  District — La  Fayette  Head. 

From  the  Twenty-third  District — Wm.  R.  Kennedy. 

From  the  Twenty-fourth  District — Henry  R.  Crosby. 

On  motion  of  Mr.  Clark,  the  Convention  proceeded  to  elect 
a  Sergeant-at-Arms  pro  tern. 

And  on  motion  of  Mr.  Kennedy,  Moritz  Koch  was  unani- 
mously elected  Sergeant-at-Arms  pro  tern. 

On  motion  of  Mr.  Stover,  the  report  of  the  Committee  on 
Credentials  was  adopted  and  the  committee  discharged. 

Mr.  Thatcher  offered  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  members  of  this  Convention,  before  en- 
tering upon  the  discharge  of  their  duties  as  such,  take  the  follow- 
ing oath:  You,  and  each  of  you,  do  solemnly  swear,  in  the  pres- 
ence of  the  ever  living  God,  that  you  will  support  the  Constitu- 
tion of  the  United  States  and  faithfully  discharge  the  duties  de- 
volved upon  you  by  law  as  representatives  in  this  Convention; 
and 

Resolved,  That  Andrew  W.  Brazee,  Associate  Justice  of  the 
Supreme  Court  of  Colorado,  be  invited  to  attend  this  Conven- 
tion to-morrow  at  nine  (9)  o'clock  a.  m.  for  the  purpose  of  admin- 
istering the  above  oath  to  the  members  of  this  Convention. 

Mr.  Beck  moved  that  the  thanks  of  this  Convention  be  ten- 
dered to  the  citizens  of  Denver  and  to  the  Mayor  and  City  Coun- 
cil of  the  City  of  Denver  for  the  tasteful  manner  in  which  they 
have  ornamented  the  Hall  and  the  care  they  had  exercised  in 
providing  for  the  comfort  of  the  members,  which  was  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrow. 


18  PROCEEDINGS    OF    THE 


TUESDAY,  DECEMBER  21,  A.  D.  1875,  10  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Elder,  the  Rev.  Professor  Haskell  was  in- 
vited to  open  the  session  with  prayer. 

The  Rev.  Professor  Haskell  then  offered  prayer. 

Roll  called. 

Absent— Mr.  White. 

The  following  oath  was  then  administered  to  the  assembled 
members  by  Andrew  W.  Brazee,  Associate  Justice  of  the  Su- 
preme Court  of  Colorado: 

You,  and  each  of  you,  do  solemnly  swear,  in  the  presence 
of  the  ever  living  God,  that  you  will  support  the  Constitution 
of  the  United  States  and  faithfully  discharge  the  duties  devolved 
upon  you  by  law  as  representatives  in  this  Convention. 

Mr.  Marsh  moved  that  the  Convention  do  now  proceed  to 
permanent  organization  and  the  election  by  viva  voce  on  call 
of  the  roll,  which  was  agreed  to. 

Mr.  Beck  nominated  Mr.  J.  C.  Wilson,  of  El  Paso,  for  Presi- 
dent. 

Mr.  Boyles  nominated  Mr.  Wheeler,  of  Weld,  for  President. 

The  roll  was  then  called,  and  Messrs.  Stover,  Lee,  Hough, 
Pease,  Stone.  Boyles,  Garcia,  Barela,  Vijil,  Quillian  and  Kennedy 
and  Mr.  Widderfield  voted  for  Mr.  Wheeler. 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Hurd,  Head, 
James,  Marsh,  Meyer,  Plumb,  Rockwell,  Thatcher,  Webster, 
Wells,  Wilcox  and  Yount  voted  for  Mr.  Wilson. 

Mr.  WTheeler  voted  for  Mr.  Kennedy. 

For  Mr.  Wilson,  25. 

For  Mr.  Wheeler,  11. 

For  Mr.  Kennedy,  1.     . 

Mr.  Wilson  having  received  a  majority  of  all  the  votes  cast, 
was  declared  elected  President  of  the  Convention. 

Mr.  Douglas  moved  that  the  Chair  appoint  a  committee  of 
two  to  conduct  the  President-elect  to  the  chair,  which  was 
agreed  to. 

The  President  pro  tempore  appointed  as  such  committee 
Messrs.  Wells,  of  Arapahoe,  and  Crosby,  of  La  Plata. 

The  committee  having  performed  this  duty,  Mr.  Wilson,  on 
taking  the  chair  as  President,  addressed  the  Convention  as  fol- 
lows: 

Gentlemen  of  the  Convention — In  assuming  the  duties  of  the 
position  to  which  through  your  partiality  I  have  been  assigned, 
I  desire  to  express  to  you  my  sincere  thanks  for  the  honor  that 


CONSTI  M   TloNAI.    i  (iNYKNTloN.  19 

yon  have  conferred  upon  me.  I  assure  you,  that  not  the  least 
of  my  regret  is  that  I  do  not  bring  a  greater  ability  to  the  dis- 
charge of  I  lie  important  duties  intrusted  to  me;  that  I  will  com- 
mit errors  I  doubt  not,  but  ilmt  they  will  be  willingly  and  speed- 
ily c(.i -i •(•(•!<•<!  \vhen  informed  of  them,  if  within  my  power  to  do 
si i.  I  solemnly  assure  you.  I  therefore  ask  you  to  extend  to  me 
your  patient  forbearance  and  considerate  indulgence  in  the  per- 
formance of  all  the  duties  devolving  upon  me.  I  shall  endeavor 
to  so  discharge  them  as  to  commend  my  actions  to  all  for  their 
impartiality  at  least,  if  they  may  be  deficient  in  wisdom.  There 
perhaps  never  was  a  convention  similar  to  your  honorable  body 
convened  to  whom  were  entrusted  greater  or  more  delicate  re- 
sponsibilities than  those  which  have  been  entrusted  to  you. 

The  eyes  of  not  only  the  people  of  Colorado  are  upon  this 
Convention,  but  the  whole  Nation  is  watching  it  with  an  inter- 
est— an  unusual  degree  of  interest.  It  is  no  part  of  my  duty  to 
dictate  to  you  in  any  way  as  to  the  course  of  action  to  pursue. 

I  may  say,  however,  that  as  for  myself,  no  act  of  mine  shall 
be  tainted  with  the  slightest  semblance  of  partisanship  or  sec- 
tional spirit.  Here  I  know  no  party  but  the  entire  people;  no 
section  but  the  whole  Territory.  And  now  permit  me  to  express 
the  hope  that  as  we  are  necessarily  compelled  to  look  to  the  older 
Commonwealths  for  many  of  the  guides  to  aid  in  the  work  before 
us,  may  the  result  of  our  labors  be  such  as  to  produce  a  Consti- 
tution for  the  Centennial  State  which  will  in  all  cases  hereafter 
serve  as  the  model  for  all  the  people  of  our  country  who  may 
similarly  seek  an  admission  into  the  proud  sisterhood  of  States. 

On  motion  of  Mr.  Carr,  the  Convention  proceeded  to  the 
election  of  a  permanent  Secretary  of  the  Convention. 

Mr.  Carr  nominated  W.  W.  Coulson  for  Secretary. 

Mr.  Stone  nominated  Charles  D.  Cobb  for  Secretary. 

On  motion  of  Mr.  Kockwell,  the  Convention  adjourned  until 
tomorrow  at  (9)  nine  o'clock  a.  m. 


20  PROCEEDINGS    OF    THE 


WEDNESDAY,    DECEMBER   22,    1875,    9    A.    M. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  P.  Voorhees  French. 

Roll  called.      Absent— Mr.  White. 

Mr.  Bromwell  offered  the  following  resolution,  which  was 
adopted :  > 

Resolved,  that  the  Governor  and  Territorial  officers,  mem- 
bers of  the  Legislature  and  Judiciary  and  the  Mayor  and  City 
Council  of  the  City  of  Denver  be  invited  to  seats  within  the 
bar  of  this  hall. 

Mr.  Crosby  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  ministers  of  the  various  denominations 
of  Denver  or  other  ministers  present  in  the  city  be  respectfully 
invited  by  the  Chair  to  officiate  alternately  as  chaplains  of  the 
Convention. 

Mr.  Stone  offered  the  following  resolution: 

Whereas,  We  believe  that  the  people  of  the  Territory  of 
Colorado,  irrespective  of  party  organs  or  office,  desire  that  their 
Constitutional  Convention  meet,  organize  and  perform  its  legit- 
imate duties  on  the  basis  and  in  the  spirit  of  strict  non-partisan- 
ship; therefore, 

Resolved,  That  it  is  the  sense  of  the  members  of  this  body 
in  convention  assembled  that  all  the  proceedings  herein,  as  well 
as  [in]  the  organization  as  in  the  framing  of  a  Constitution  for 
the  State  of  Colorado,  shall  be  begun,  continued  and  ended  in 
strict  and  honest  compliance  with  such  non-partisan  spirit  as 
required  of  us  by  the  people  of  this  Territory. 

Mr.  Wells  moved  to  amend  the  resolution  by  striking  out 
the  word  organization  wherever  it  occurred. 

The  ayes  and  nays  being  called  for,  it  was  decided  in  the 
affirmative.  Ayes,  24;  nays,  14.  Those  voting  in  the  affirmative 
are  Messrs.  Bromwell,  Beck,  Carr,  Clark,  Cooper,  Crosby,  Doug- 
las, Ellsworth,  Elder,  Ebert,  Felton,  Hurd,  Head,  James,  Marsh, 
Meyer,  Plumb,  Rockwell,  Thatcher,  Webster,  Wells,  Wilcox, 
Yount  and  Mr.  President.  Those  voting  in  the  negative  are 
Messrs.  Barela,  Boyles,  Cushman,  Garcia,  Hough,  Kennedy,  Lee, 
Pease,  Quillian,  Stone,  Stover,  Vijil,  Wheeler,  Widderfield.  So 
the  amendment  wTas  agreed  to.  Thereupon  the  resolution  so 
amended  was  adopted. 

On  motion  of  Mr.  Carr,  the  Convention  proceeded  to  elect 
officers  of  permanent  organization. 

Mr.  Carr  nominated  W.  W.  Coulson  for  permanent  Secretary. 

Mr.  Stone  nominated  Charles  D.  Cobb  for  permanent  Secre- 
tarv. 


CONSTITUTIONAL   <  <>.\vi. \TioN.  21 

Tin-  roll  was  Ilien  called,  and  Messrs.  |{p<Mii\vHI.  r.<-«-k.  ('an-. 
Clark.  Cooper,  n-nsby.  Douglas.  Kllswoi-tli,  Elder,  Kbert,  Felton. 
Hurd,  Head,  .lames.  Marsh,  Meyer.  Plumb,  Rockwell,  Thatrhrr, 
\\Vbster.  Wells.  Wilrox,  Vmml  and  Mr.  President  voted  for  .Mr. 
Coulson. 

Messrs,  r.arela.  Movies,  Cushinan,  Garcia,  Hough.  Kenii"dy, 
Lee,  Pease.  Quillian,  Stone,  Stover,  Vijil,  Wheeler  and  Widder- 
field voted  for  Mr.  Cobb. 

For  Mr.  Coulson  there  were  24  votes;  for  Mr.  Cobb  there 
were  14  votes.  W.  W.  Coulson,  having  received  a  majority  of  all 
the  voles  cast,  was  declared  duly  elected  Secretary  of  the  Con- 
vention. 

The  Convention  then  proceeded  to  the  election  of  First  As- 
sistant Secretary. 

Mr.  Clark  nominated  Mr.  Herbert  Stanley  for  First  Assist- 
ant Secretary. 

Mr.  Kennedy  nominated  G.  D.  Gove  for  First  Assistant  Sec- 
retary. 

Those  voting  for  Herbert  Stanley  are  Messrs.  Bromwell, 
Beck,  Carr,  Cushinan,  Clark,  Cooper,  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Hurd,  Head,  James,  Marsh,  Meyer,  Plumb,  Rock- 
well, Thatcher,  Webster,  Wells,  Wilcox,  Yount  and  Mr.  Presi- 
dent. 

Those  voting  for  G.  D.  Gove  are  Messrs.  Barela,  Boyles,  Gar- 
cia, Hough,  Kennedy,  Lee,  Pease,  Quillian,  Stone,  Stover,  Vijil, 
Wheeler  and  Widderfield. 

For  Herbert  Stanley,  L'4;  for  G.  D.  Gove,  13.  Herbert  Stan- 
ley, having  received  a  majority  of  all  the  votes  cast,  was  de- 
clared duly  elected  First  Assistant  Secretary. 

The  Convention  proceeded  to  the  election  of  Second  Assist- 
ant Secretary. 

Mr.  Ellsworth  nominated  H.  A.  Terpening  for  Second  Assist- 
ant Secretary. 

Mr.  Stone  nominated  Mr.  Sullivan  for  Second  Assistant  Sec- 
retary. 

Those  voting  for  H.  A.  Terpening  are  Messrs.  Bromwell, 
Berk.  Carr,  Clark,  Cooper,  Crosby,  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Head,  Hurd,  James,  Marsh,  Meyer,  Plumb,  Rock- 
well, Thatcher,  Webster,  Wells,  Wilcox,  Yount  and  Mr.  Presi- 
dent. 

Those  voting  for  Mr.  Sullivan  are  Messrs.  Barela,  Boyles, 
Cushman,  Garcia,  Hough,  Kennedy,  Lee,  Pease,  Quillian,  Stone, 
Stover,  Vijil,  Wheeler  and  Widderfield. 

For  H.  A.  Terpening  24  votes;  for  Mr.  Sullivan  14  votes. 

H.  A.  Terpening,  having  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected  Second  Assistant  Secretary. 

The  Convention  then  proceeded  to  the  election  of  an  En- 
grossing and  Enrolling  Clerk. 


22  PROCEEDINGS   OF    THE 

Mr.  Stone  nominated  Fred  J.  Stanton  for  Engrossing  and 
Enrolling  Clerk. 

Mr.  Crosby  nominated  G.  D.  Gove  for  Engrossing  and  En- 
rolling Clerk. 

Mr.  Stanton  received  22  votes;  Mr.  Gove  received  14  votes, 
and  Mr.  Galloway  1  vote. 

Fred  J.  Stanton,  having  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected. 

[NOTE. — The  list  of  votes  for  election  of  Enrolling  and  En- 
grossing Clerk  can  not  be  found.] 

The  Convention  then  proceeded  to  the  election  of  a  Sergeant- 
at-Arms. 

Mr.  Ellsworth  nominated  A.  H.  Barker. 

Mr.  Stone  nominted  Geo.  B.  Allen. 

Those  voting  for  A.  H.  Barker  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Hurd,  Head, 
James,  Marsh,  Meyer,  Plumb,  Rockwell,  Thatcher,  Webster, 
Wells,  Wllcox,  Yount  and  Mr.  President. 

Those  voting  for  Geo.  B.  Allen  are: 

Messrs.  Barela,  Boyles,  Garcia,  Hough,  Kennedy,  Lee,  Pease, 
Quillian,  Stone,  Stover,  Vijil,  Wheeler  and  Widderfield. 

For  A.  H.  Barker,  25  votes. 

To  Geo.  B.  Allen,  13  votes. 

A.  H.  Barker,  having  received  a  majority  of  the  votes  cast, 
was  declared  duly  elected  Sergeant-at-Arms. 

The  Convention  then  proceeded  to  the  election  of  Assistant 
Sergeant-at-Arms. 

Mr.  Felton  nominated  R.  A.  Kirker. 

Mr.  Stover  nominated  Thos.  McElmore. 

Those  voting  for  R.  A.  Kirker  are: 

Messrs.  Bromwell,  Beck,  Carr,  Clark,  Cooper,  Douglas,  Ells- 
worth, Elder,  Ebert,  Felton,  Hurd,  Head,  James,  Marsh,  Meyer, 
Plumb,  Rockwell,  Thatcher,  Webster,  Wells,  Wilcox,  Yount  and 
Mr.  President. 

Those  voting  for  Mr.  McElmore  are: 

Messrs.  Barela,  Boyles,  Cushman,  Garcia,  Kennedy,  Lee, 
Pease,  Quillian,  Stone,  Stover,  Vijil,  Wheeler  and  Widderfield. 

For  R.  A.  Kirker  there  were  23  votes. 

For  Thos.  McElmore  there  were  13  votes. 

R.  A.  Kirker,  having  received  a  majority  of  all  the  votes 
cast  was  declared  duly  elected  Assistant  Sergeant-at-Arms. 

The  Convention  then  proceeded  to  the  election  of  a  Door- 
keeper. 

On  motion  of  Mr.  Elder,  Andrew  Schmidt  was  elected  by 
acclamation  as  Doorkeeper  to  the  Convention. 


CONS-ITI  i  TIONAL   <  <»\\  i:vi  [ON,  23 

Tile  Convrnlion    I  lien    proceeded    to   Hie  election   of  ;i   .Janitor. 

Mr.  WHish-r  nominated  Clay  Forbes. 

Mi.  Stone  nominated   \V.  A.  Allison. 

Those  voiing  for  Clay  Forbes  arc: 

Messrs.  nromwell,  Beck,  Carr,  Cuslinuni,  Clark,  Crosby, 
Cooper.  Douglas,  Ellsworth,  Elder,  Ebert.  l-Ylhin.  Ilurd.  Head, 
.lames.  Marsh.  Meyer.  1'lnmb,  Rockwell,  Thatcher,  Wi-bsh-r. 
Wells.  Wilrox.  Vijil,  Yount  and  Mr.  President. 

Those  voting  for  W.  A.  Allison  are: 

Messrs.  Marela,  Boyles,  Garcia,  Kennedy,  Hough,  Lee,  Pease, 
(jiiillian.  Sionc,  Stover,  Wheeler  and  Widderfield. 

Clay  Forbes  received  26  votes. 

W.  A.  Allison  received  12  votes. 

Clay  Forbes,  having  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected  Janitor  to  the  Convention. 

The  Convention  then  proceeded  to  the  election  of  a  Page. 

On  motion  of  Mr.  Barela,  Robert  Frreaz  was  elected  by  ac- 
clamation. 

The  Convention  then  proceeded  to  the  election  of  an  inter- 
preter. 

On  motion  of  Mr.  Barela,  David  Wilkins  was  elected  by  ac- 
clamation. 

The  President  then  administered  the  oath  to  the  several  of- 
ficers of  the  Convention  just  elected. 

Mr.  Crosby  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  a  committee  of  three  be  appointed  to  devise 
means  for  obtaining  stationery  for  use  of  the  officers  and  mem- 
bers of  the  Convention. 

And  the  President  appointed  Messrs.  Crosby,  Ellsworth  and 
Wheeler  as  such  committee. 

Mr.  Beck  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  a  committee  of  five  be  appointed  by  the  Chair 
to  report  to  this  Convention  the  number  and  names  of  the  stand- 
ing committees  of  this  House. 

And  the  President  appointed  as  such  committee  Messrs. 
Stone,  Beck,  Marsh,  Kennedy  and  Mills. 

Mr.  Bromwell  offered  the  following  resolution,  which  was 
adopted: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  Chair- 
man to  report  on  order  of  business  and  proper  rules  for  the  gov- 
ernment of  the  Convention. 

And  the  President  appointed  as  such  committee  Messrs. 
Bromwell,  Boyles,  Carr,  Webster  and  Pease. 


24  PROCEEDINGS    OF    THE 

Mr.  Beck  offered  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  a  committee  of  five  be  appointed  by  the 
Chairman  to  report  to  this  Convention  the  number  and  names 
of  the  standing  committees  of  this  House. 

And  the  Chairman  appointed  as  such  committee  Messrs. 
Stone,  Beck,  Marsh,  Kennedy  and  Wells. 

The  following  resolution  was  offered  by  Mr.  Thatcher  and 
was  adopted: 

Resolved,  That  in  pursuance  of  the  Enabling  Act  and  in  be- 
half of  the  people  of  the  Territory  of  Colorado,  we,  in  conven- 
tion assembled,  do  adopt  the  Constitution  of  the  United  States. 

The  following  resolution  was  offered  by  Mr.  Wheeler  and 
was  adopted: 

Resolved,  That  all  resolutions  and  amendments  thereof  of- 
fered shall  be  in  writing  before  put  to  vote. 

Mr.  Elder  offered  the  following  resolution,  which  wras 
adopted: 

Resolved,  That  the  seats  as  now  occupied  by  the  members 
be  considered  belonging  to  them  during  the  session  of  the  Con- 
vention. 

On  motion  of  Mr.  Stover,  the  Convention  adjourned  until 
2  o'clock  p.  m. 

2  O'CLOCK  P.  M. 

The  Convention  met,  pursuant  to  adjournment. 

Roll  called. 

Absent:     Messrs.  White  and  Wilcox. 

Mr.  Stone,  Chairman  of  the  Committee  on  Standing  Com- 
mittees, presented  the  following  report: 

Your  Committee  on  Standing  Committees  begs  leave  to  re- 
port a  list  of  such  Standing  Committees,  with  the  title  and  num- 
ber of  each,  as  follows,  to  wit: 

1.  Bill  of  Rights,  to  be  composed  of  five  members. 

2.  Legislature  and  Legislation,  to  be    composed    of    five 
members. 

3.  Executive  Department,  to  be  composed  of  five  mem- 
bers. 

4.  Judiciary,  to  be  composed  of  eleven  members. 

5.  Right  of  Suffrage  and  Elections,  to  be  composed  of  five 
members. 

6.  Impeachment  and  Removal  from  Office,  to  be  composed 
of  five  members. 

7.  Education  and  Educational  Institutions,  five  members. 

8.  Public  and  Private  Corporations,  seven  members. 


\SIITITIO\AI.  <  <>.\\  I;\TI<>\.  -•""> 

M.     Revenue  and  Finance.  Aye  members. 

10.  Comities,  live  members. 

11.  Ottirers  Mild  Oath  <>j'  OHire.  live  members. 

12.  .Military  Affairs.  Hire,-  members. 
1-"..  Mines  Mini  Milling,  nine  members. 

1-1.  Irrigation.  A.irrirnli  nre  MIH!  Manufactures,  nine  mem- 
bers. 

15.  Accounts  and  Expenditures  of  Convention,  three  mem- 
bers. 

lit.  SiMte  Institutions  and  Buildings,  five  members. 

17.  Congressional    and    Legislative    Apportionments,    nine 
members. 

18.  Federal  Relations,  three  members. 

19.  Future  Amendments,  five  members. 

20.  Revisions  and  Adjustments,  five  members. 

21.  Schedule,  five  members. 

22.  Printing  and  Binding,  three  members. 
_."..     Engrossing  and  Enrolling,  three  members. 
24.     Miscellaneous,  five  members. 

All  of  which  is  respectfully  submitted. 

(Signed)  WILBUR  F.  STONE, 

Chairman. 

On  motion,  the  report  was  adopted  and  the  committee. dis- 
charged. 

Mr.  Bromwe'll  moved  that  a  committee  of  five  members  be 
added  to  the  above  report  submitted  by  Mr.  Stone,  to  be  desig- 
nated as  Committee  on  State,  County  and  Municipal  Indebted- 
ness; which  was  agreed  to. 

Mr.  Carr  offered  •  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  Secretary  is  hereby  instructed  to  make 
the  necessary  arrangements  for  such  printing  as  may  be  re- 
quired for  the  temporary  use  of  the  Convention. 

The  following  resolution  was  offered  by  Mr.  Stone  and 
adopted : 

Resolved,  That  the  standing  committees  provided  for  by  the 
former  resolution  of  this  day  be  appointed  by  the  Chairman. 

Mr.  Ellsworth  offered  the  following  resolution,  which  was 
not  agreed  to: 

Resolved,  That  the  President  of  this  Convention  be  required 
to  order  one  copy  of  the  Daily  Tribune,  the  Daily  News  and  Daily 
Times  for  each  member  of  this  Convention  during  its  session. 

The  Chairman  on  Stationery  reported  that  they  had  pro- 
cured sufficient  stationery  for  the  immediate  use  of  the  clerks 
of  the  Convention,  and  that  bv  to-morrow  he  would  have  ar- 


26  PROCEEDINGS    OF    THE 

rangements  perfected  for  furnishing  all  the  stationery  needed 
by  members  as  well  as  clerks. 

Mr.  Stone  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  several  secretaries,  clerks  and  assistants 
be  required  as  a  part  of  their  duties  to  perform  the  work  of  com- 
mittee clerks  whenever  the  same  will  not  interfere  with  their 
other  duties  in  the  Convention. 

Mr.  Meyer  moved  that  Gabino  Pando  be  appointed  assist- 
ant fireman  to  the  Convention,  which  was  agreed  to. 

On  motion  of  Mr.  Boyles,  the  Convention  adjourned  until 
2  o'clock  p.  m.  to-morrow. 


Tio.v.M.   CONVENTION.  27 


THURSDAY,  DECK.MI;I:K  n:;,  1875. 

met,  pursuant  to  adjournment. 

Prayer  by  Reverend   \\'illis  Lord. 

Roll   called. 

Absent:    Messrs.  Rockwell,  Stover,  White  and  Wells. 

Journal  of  preceding  days  was  read. 

.Mr.  Can-  moved  that  the  adoption  of  Journal  of  preceding 
davs  be  deferred  until  the  Secretary  has  conferred  with  Mr. 
i'.oyles,  the  Secretary  of  Temporary  Organization,  and  compared 
the  Journal  with  his  minutes  of  proceedings  of  Temporary  Or- 
ganization, which  was  agreed  to. 

Mr.  Boyles,  of  the  Committee  on  Order  of  Business  and 
Rules,  presented  the  following  report: 

Report  of  the  Committee  on  Rules  of  the  Convention: 

1.  A  majority  of  the  Convention  shall  constitute  a  quorum, 
but  a  smaller  number  may  adjourn  from  day  to  day  and  compel 
the  attendance  of  absent  members. 

2.  The  Convention  shall  keep  a  journal  of  its  proceedings 
and  the  ayes  and  nays  of  the  members  on  any  question  shall,  at 
the  desire  of  any  two  members,  be  entered  in  the  Journal. 

3.  Any  member  of  the  Convention  shall  have  liberty  to 
dissent  and  protest  against  any  act  or  resolution  which  he  may 
think  injurious  to  the  public  or  to  any  individual,  and  have  the 
reason  of  his  dissent  in  respectful  language  entered  on  the  Jour- 
nal without  debate  whenever  the  same  shall  be  filed  with  the 
Secretary. 

4.  The  Convention  may  reprimand  or  censure  its  members  for 
disorderly  conduct  or  behavior,  and,  with  the  concurrence  of 
four-fifths  of  all  the  members  elected,  expel  a  member,  and  the 
reasons  for  such  expulsion  shall  be  entered  upon  the  Journal, 
with  the  names  of  the  members  voting  on  the  question. 

5.  The  Convention  during  its  session  may  punish  by  ex- 
pulsion from  the  hall  any  person  not  a  member  who  shall  be 
guilty  of  disrespectful  conduct  or  any  disorderly  or  contemptu- 
ous behavior  in  its  presence. 

6.  The  Sergeant-at-Arms  shall  not  permit  any  person  not 
a  member  of  the  Convention  to  pass  inside  the  railing  in  the 
rear  of  the  seats  of  the  members  at  any  time  during  the  session 
of  the  Convention,  except  the  Judges  of  the  Supreme  Court,  the 
Governor  and  the  Secretary  of  the  Territory  of  Colorado,  the 
Mayor  and  Council  of  the  City  of  Denver,  the  reporters  of  the 
press  duly  assigned  as  such  by  the  President  of  the  Conven- 
tion, except  upon  invitation  of  the  Convention. 

7.  The  President  shall  take  the  chair  every  day  at  the  hour 
to  which  the  Convention  shall  have  adjourned,  shall  immediate- 


28  PROCEEDINGS    OF    THE 

ly  call  the  members  to  order,  have  the  Secretary  call  the  roll, 
and,  on  the  appearance  of  a  quorum,  shall  cause  the  Journal  of 
the  preceding  day  to  be  read,  unless  dispensed  with  by  the  Con- 
vention; and  in  all  cases  in  the  absence  of  a  quorum  the  mem- 
bers present  may  take  such  measures  as  shall  be  necessary  to 
procure  the  attendance  of  absent  members,  and  the  Convention 
may  adjourn  from  day  to  day  until  a  quorum  shall  be  present. 

8.  The  President  shall  preserve  decorum  and  order,  may 
speak  to  points  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose,  and  shall  decide  questions  of  or- 
der, subject  to  an  appeal  to  the  Convention  by  any  one  mem- 
ber, on  which  appeal  no  member  shall  speak  more  than  once,  un- 
less by  leave  of  the  Convention. 

9.  He  shall  rise  to  put  a  question,  but  may  put  it  sitting. 

10.  Questions  shall   be  distinctly  put  in  this  form,   viz.: 
As  many  as  are  of  the  opinion  that  (as  the  case  may  be),  say 
"aye,"  and  after  the  affirmative  voice  is  expressed  as  many  as 
are  of  the  contrary  opinion  say  "no."     If  the  President  doubt 
or  a  division  be  called  for,  the  Convention  shall  divide;  those 
in  the  affirmative  shall  rise  in  their  seats  and  afterward  those 
in  the  negative. 

11.  The  President   shall   vote  on   all   questions  taken  by 
yeas  and  nays,  and  on  all  elections  and  divisions  called  for  by 
any  member. 

12.  The  President  shall  examine  and  correct  the  Journal 
before  it  is  read.     He  shall  have  the  general  direction  of  ^the 
hall.     He  shall  have  the  right  to  have  any  member  to  perform 
the  duties  of  the  Chair,  but  such  substitution  shall  [not]  extend 
beyond  one  day  and  such  substitute  shall  be  vested  during  such 
time  writh  all  the  powers  of  the  President. 

13.  When   the   Convention   adjourns   the   members     shall 
keep  their  seats  until  the  President  announces  the  adjournment. 

14.  Petitions,   memorials  and   other  papers,  addressed  to 
the  Convention,  shall  be  presented  by  the  President  or  by  a 
member  in  his  place. 

15.  All  committees  shall  be  appointed  by  the  Chair  unless 
otherwise  ordered  by  the  Convention. 

16.  In  case  of  any  disturbance  or  disorderly  conduct  in 
the  lobby,  the  President  (or  Chairman  of  the  Committee  of  the 
Whole  Convention)    shall  have  power  to  order  the  same  to  be 
cleared. 

17.  Every   member  previous  to   speaking   shall   rise  from 
his  chair  and  respectfully  address  himself  to  the  President  and 
shall  confine  himself  to  the  question  under  debate  and  avoid 
personality. 

18.  When  two  or  more  members  rise  at  once  the  Presi- 
dent shall  designate  the  member  who  is  first  to  speak,  but  in 
all  cases  the  member  who  shall  first  rise  and  address  the  Chair 
shall  speak  first. 


CONSTITrTIO.XAI,    r<»NVK.\TI<».\.  29 

1!».  A  member  called  in  order  shall  immediately  sit  down 
unless  permit  ted  in  explain,  and  the  ('hair  sliall  decide  the 
question  of  order  without  debate,  subject  to  an  appeal  to  the 
Convention. 

20.  \Yhen  a  motion  is  made  it  shall  be  stated  by  the 
I 'resident,  or.  being  in  writing,  shall  be  handed  to  the  Secretary 
and  read  aloud  before  debate. 

LM.  Kvery  motion  shall  be  reduced  to  writing  if  the  Presi- 
dent or  any  member  desires  it. 

--.  Every  membe'r  who  shall  be  present  before  the  vote 
is  declared  from  the  Chair,  and  no  other,  sliall  vote  for  or 
against  the  same  unless  the  Convention  shall  excuse  him  or 
he  be  interested  in  the  question,  in  which  case  he  shall  not  vote. 

23.  When  the  yeas  and  nays  shall  be  taken  on  any  ques- 
tion no  member  shall  be  permitted  to  vote  after  the  decision 
is  announced  from  the  Chair  unless  by  the  unanimous  consent 
of  the  Convention. 

24.  After  a  motion  is  stated  by  the  President  it  shall  be 
deemed  in  the  possession  of  the  Convention  and  shall  be  en- 
tered upon  the  Journal  with  the  name  of  the  member  offering 
the  same,  but  may  be  withdrawn  at  any  time  before  decision  or 
amendment. 

25.  All  incidental  questions  of  order  arising  after  a  mo- 
tion is  made  for  the  previous  question,  during  the  pending  of 
such  motion  or  after  the  Convention  shall  have  determined  that 
the  main  question  shall  be  now  put,  shall  be  decided,  whether 
on  appeal  or  otherwise,  without  debate. 

26.  When  a  question  is  under  debate,  no  motion  shall  be 
reeeived,  but  to  adjourn,  to  call  the  house,  to  lay  on  the  table, 
the  previous  question,  to  postpone  indefinitely,  to  postpone  to 
a  day  certain,  to  commit  or  to  amend,  which  several  motions 
shall  have  precedence  in   the  order  in   which  they   stand   ar- 
ranged. 

27.  A  motion  to  adjourn  shall  be  decided  without  debate 
except  to  adjourn  to  a  time  certain,  and  shall  always   be  in 
order  except  when  a  member  is  addressing  the  Chair  or  a  vote 
is  being  taken,  and  a  motion  to  lay  on  the  table  shall  be  de- 
cided without  debate. 

28.  A  motion  to  postpone  to  a  day  certain  or  indefinitely 
or  to  commit,  being  decided,  shall  not  be  allowed  on  the  same 
day  and  at  the  same  stage  of  the  proposition. 

29.  A  motion  to  strike  out  the  proposition  shall  have  pre- 
cedence of  a  motion  to  amend,  and  if  carried,  shall  be  deemed 
equivalent  to   its   rejection. 

30.  All   questions,   whether   in   committee  or  in   the   Con- 
vention, shall  be  put  in  the  order  they  are  moved,  except  in  the 
case  of  privileged  questions,  and  in  filling  up  blanks  the  largest 
sum  and  the  longest  time  shall  be  first  put. 


30  PROCEEDINGS    OF    THE 

31.  When  the  President  is  putting  the  question  no  mem- 
ber shall  walk  out  of  or  across  the  hall,  nor  when  a^  member  is 
speaking  shall   any  person  entertain  any  private  discourse  or 
pass  between  him  and  the  Chair  or  give  any  sign  of  approbation 
or  disapprobation,  and  m>  smoking  shall  be  allowed  in  the  hall 
of  the  Convention. 

32.  The  rules  of  the  Convention  shall  be  observed  in  Com- 
mittee of  the  Whole  Convention  as  far  as  may  be  applicable, 
except  the  yeas  and  nays  shall  not  be  Called  nor  the  previous 
question  enforced. 

33.  A   motion  that  the   Committee   rise   shall   always   be 
in  order  and  shall  always  be  decided  without  debate. 

34.  It  shall  be  the  duty  of  the  Secretary  to  keep  a  book 
in  which  he  shall  record  all  the  proceedings  of  the  Convention 
and  to  do  and  perform  all  other  acts  appertaining  to  his  office 
as  may  be  required  of  him  by  the  Convention  or  its  presiding 
officer. 

35.  It  shall  be  the  duty  of  the  Sergeant-at-Arms  to  attend 
the  Convention  during  its  sittings,  to  execute  the  commands  of 
the  Convention  from  time  to  time,  together  with  all  such  pro- 
cess issued  by  authority  thereof  as  shall  be  directed  to  him 
by  the  President. 

36.  If  the  question  in  debate  contains  several  propositions 
any  member  may  have  the  same  divided,  and,  on  a  motion  to 
strike  out  and  insert,  it  shall  be  in  order  to  move  for  a  division 
of  the  question,  and  the  rejection  of  the  motion  to  strike  out 
and  insert  one  proposition  shall  not  prevent  a  motion  to  strike 
out  and  insert  a  different  proposition  simply  to  strike  out,  nor 
shall  the  rejection  of  a  motion  simply  to  strike  out  prevent  a 
subsequent  motion  to  strike  out  and  insert. 

37.  The  unfinished  business  in  which  the  Convention  was 
engaged  at  its  last  adjournment  shall  at  the  next  meeting  of 
the  Convention  of  the  same  day  have  precedence  of  all  business. 

38.  When   a  question  has  been   once  put  and   carried   in 
the  affirmative  or  negative  it  shall  be  in  order  for  a  member  of 
the  majority  to  move  for  a  reconsideration  thereof  at  any  time 
within  two   days  or   upon  giving  two  days'  notice,   and   such 
motion  shall  take  precedence  of  all  other  questions  except  a 
motion  to  adjourn. 

39.  When  motions  are  made  for  a  reference  of  the  same 
subject  to  a  Select  Committee  and  to  a   Standing  Committee 
the  question  of  reference  to  a   Standing   Committee   shall  be 
first  put. 

40.  Upon  the  call  of  the  Convention  the  names  of  the  dele- 
gates shall  be  called  over  by  the  Secretary  and  the  absentees 
noted,  after  which  the  names  of  such  absentees  shall  be  again 
called  over.    The  doors  shall  then  be  closed  and  those  for  whom 
no   excuse   or  insufficient  excuses   are  made  may  by   order   of 
those  present  (if  a  quorum)  be  taken  into  custody  as  they  ap- 


CONSTITUTIONAL   <  < >.\ VI;\TK»\ .  31 

pear  or  may  he  sent  for  and  taken  into  custody  wherever 
found  liy  the  Sergeant  at  Arms  of  the  Convention. 

11.  In  forming  ;i  Committee  of  the  Whole,  the  President 
shall  leave  i  lie  chair.  ;unl  a  rh;i i niia ii  to  preside  in  committee 
slmll  he  ;i]>})oin(cd  by  the  President. 

4i'.  On  propositions  being  committed  to  Committee  of  the 
Whole  they  shall  be  first  read  throughout  by  the  Secretary  and 
then  again  read  and  debated  by  clauses,  leaving  the  preamble 
to  be  considered  last;  after  report  l>\  said  committee  the  propo- 
sition shall  again  be  subject  to  debate  or  amendment  before  a 
question  is  taken. 

!•"..  The  rules  of  parliamentary  practice  comprised  in 
Cushing's  Manual  shall  govern  the  Convention  in  all  cases  in 
which  they  are  applicable  and  not  inconsistent  with  the  stand- 
ing rules  and  orders  of  the  Convention. 

44.  A  motion  to  commit  until  it  is  decided  shall  preclude 
all  amendments  and  debate  on  the  main  question,  and  a  motion 
to  postpone  indefinitely  or  to  a  day  certain,  until  it  is  decided, 
shall  preclude  all  amendments  on  the  main  question. 

45.  No  motion  or  proposition  on  a  subject  different  from 
that   under  consideration  shall  be  admitted     under     color    of 
amendment. 

46.  No  rule  of  the  Convention  shall  be  altered,  suspended 
or  rescinded  without  the  vote  of  two-thirds  of  the    members 
present. 

47.  The  hours  of  meeting  shall  be  10  A.  M.  and  2  P.  M., 
and  the  hours  of  adjournment   shall   be   12   M.   and  5   P.   M., 
unless  otherwise   ordered. 

48.  Order  of  business  shall  be  as  follows: 

1.  Prayer  by  the  Chaplain. 

2.  Calling  the  roll. 

3.  Reading  the  Journal. 

4.  Communication    and    presentation    of    petitions 
and  resolutions. 

5.  Unfinished  business  of  previous  day. 

6.  Reports  from  Standing  Committees. 

7.  Reports  from  Select  Committees. 

8.  Any  other  business  not  prohibited  by  the  rules 
of  the  Convention. 

49.  The  previous  question  shall  be  always  in  order  and 
shall  be  put  in  this  form:     "Shall  the  main  question  be  now 
put?"  and  until  it  is  decided  shall  preclude  all  amendments  or 
debate. 

50.  When  on  taking  the  previous  question  the  Convention 
shall  decide  that  the  main  question  shall  not  now  be  put,  the 
main  question  shall  be  considered  as  still  remaining  under  de- 
bate. 


32  PROCEEDINGS    OF    THE 

51.  The  effects  of  the  main  question  being  ordered  shall 
be  to  put  an  end  to  all  debate  and  bring  the  Convention  to 
direct  vote — first,  upon  all  amendments  reported  or  pending,  be- 
ing first  applied  to  the  amendment  last  moved,  and  then  the 
main  question. 

52.  After  the  motion  for  the  previous  question  has  pre- 
vailed it  shall  be  in  order  to  move  a  call  of  the  Convention 
prior  to  a  decision  of  the  main  question. 

53.  The  Committee  on  Engrossment  shall  examine  all  arti- 
cles and  propositions  after  they  are  engrossed  and  before  action 
is  taken  thereon  and  report  the  same  to  the  Convention  as  cor- 
rectly engrossed. 

54.  The  Committee  on  Enrollment  shall  examine  all  sec- 
tions and  clauses. 

55.  Any  two  members  may  make  a  call  of  the  Convention 
and  require  any  absent  members  to  be  sent  for,  but  a  call  of 
the  Convention  cannot  be  made  after  the  voting  has  commenced, 
and  the  call  of  the  convention  being  ordered,  and  the  absentees 
noted,  the  doors  shall  be  closed  and  no  member  permitted  to 
leave   the  room   until  the   report   of  the   Sergeant  at-Arms   be 
received  and  acted  upon  or  further  proceedings  in  the  call  be 
suspended  by  a  two-thirds  vote  of  the  Convention. 

(Signed)          GEORGE  BOYLES, 

Chairman  of  Committee. 

Mr.  Crosby  moved  that  the  report  be  laid  on  the  table  and 
ordered  printed. 

Mr.  Pease  moved  to  amend  by  inserting  one  hundred 
copies. 

Amendment  accepted  by  Mr.  Crosby.  Thereupon  the  motion 
of  Mr.  Crosby,  so  amended,  was  agreed  to. 

Mr.  Boyles  offered  the  following  resolution: 

Resolved,  That  a  committee  of  three  be  appointed  to 
select  and  employ  a  stenographer  to  record  the  proceedings  of 
this  Convention. 

Mr.  Beck  offered  the  following  as  a  substitute,  which  was 
not  agreed  to: 

Resolved,  That  an  official  reporter  be  elected  by  this  Con- 
vention and  charged  with  the  duty  of  making  a  verbatim  report 
of  the  debates  and  proceedings  thereof,  and  said  reporter  shall 

be  paid  as  compensation  for  such  service  a  total  of dollars 

per  day  during  the  session  of  this  commission  [convention],  and 

the  further  sum  of cents  per  folio  for  transcribing  and 

properly  preparing  the  said  report  for  printing.  The  services 
to  be  rendered  under  the  direction  of  the  Committee  on  Print- 
ing and  Binding  and  subject  to  the  approval  of  the  Convention. 

The  question  being  put,  Will  the  Convention  adopt  the  reso- 
lution of  Mr.  Bovles? 


33 

Mr.  Kennedy  called  I'm  the  ayes  ;inil  nays  and  it  was  de- 
cided in  the  negative.  . \\vs-  7;  Nays— L's. 

A\es — Barela.  1  in  vies,  Hough.  !.«•«•.  Thatcher.  Wilcox  and 
Wheeler— 7. 

Nays  llnmiuell.  l>eck.  Carr.  < 'nshnian.  Clark,  Cooper, 
Crosby.  Douglas.  Ellsworth,  Elder,  Ebert,  Felton.  (ian-ia,  Hurd, 
Head.  .lames.  Kennedy,  Marsh,  Meyer,  Plumb,  Pease,  Sullivan, 
Stone.  Vijil,  Webster.  Widderfield,  Yount  and  Mr.  President 
—28. 

So  the  resolution  of  Mr.  Boyles  was  not  accepted. 

Mr.  Pease  offered  the  following  resolution  and  moved  that 
it  be  laid  on  the  table  and  referred  to  the  Committee  on  Print- 
ing and  Binding,  which  was  agreed  to: 

Resolved,  That  for  the  purpose  of  keeping  their  constitu- 
ents thoroughly  informed  of  the  proceedings  of  this  Conven- 
tion during  its  session,  the  members  of  the  Convention  be 
authorized  to  order  to  be  mailed  to  their  constituents  ten 
copies  of  such  daily  newspaper  published  in  the  city  of  Denver 
and  containing  the  proceedings  of  this  Convention  as  the  Com- 
mittee on  Printing  and  Binding  shall  designate,  having  first 
made  a  contract  therefor  as  to  price  and  pay  acceptable  to 
this  Convention. 

Mr.  Boyles  asked  that  the  following  rule  be  added  to  the 
rules  of  the  Convention,  and  that  it  be  laid  on  the  table  and 
printed  with  the  said  rules  and  form  a  portion  thereof,  which 
was  agreed  to: 

.")().  A  second  shall  not  be  required  in  making  a  motion  or 
otlVring  a  resolution  or  proposition  in  this  Convention. 

Mr.  Beck  offered  the  following  resolutions,  which  were 
adopted: 

Kesolved,  That  a  Committee  of  Ways  and  Means  be  ap- 
pointed by  the  Chair,  to  consist  of  five  members. 

Resolved,  That  said  committee,  when  appointed,  be  in- 
structed to  inquire  into  the  means  that  have  been  employed 
to  procure  the  necessary  appropriation  to  defray  the  expenses 
of  this  Convention,  and  also  to  ascertain  whether  any  immedi- 
ate arrangements  can  be  effected  to  obtain  advances  to  the 
officers  and  members  of  this  Convention  upon  the  mileage  and 
per  diem  now  due  them. 

Resolved,  That  the  officers  of  the  Convention  be  paid  at  the 
same  rate  of  compensation  as  allowed  similar  officers  of  the 
Territorial  Legislature. 

The  President  appointed  as  such  committee,  Messrs.  Beck, 
Cnslnnan,  Head,  Quillian  and  Wheeler.  , 

Mr.  Thatcher  offered  the  following  resolution,  which  was 
adopted. 


34  PROCEEDINGS    OF    THE 

Resolved,  That  the  number  of  members  of  the  Committee 
on  Legislature  and  Legislation  be  increased  from  five  to  nine 
and  that  the  number  of  the  members  of  the  Committee  on 
Corporations  be  increased  from  five  to  seven. 

Mr.  Pease  asked  leave  of  absence  for  Mr.  Stover. 

Mr.  Wilcox  stated  that  he  was  authorized  by  the  several 
lodges  of  Odd  Fellows  of  Denver  to  tender  the  members  of  the 
Convention  an  invitation  to  the  opening  exercises  at  their  new 
hall,  and  afterwards  to  the  ball  this  evening. 

The  invitation  was  accepted  by  the  Convention. 

Mr.  Ebert  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  a  committee  of  three  on  Forest  Culture 
be  added  to  the  list  of  Standing  Committees. 

On  motion  of  Mr,  Elder,  the  Convention  adjourned  until  10 
a.  m.  to-morrow. 


PITUTIONAL  CONVENTION.  35 


FRIhAY.   DKrKMliKK  24,   Is7.",. 

Convention  met  pursuant   to  adjournment. 

Prayer  by  the  Rev.  J.  R.  Ends. 

Roll  called. 

Absent — Messrs.  Cushnian,  Hough,  Rockwell,  Webster, 
White  and  Wells. 

Mr.  Widderfield  moved  that  the  reading  of  so  much  of  the 
Journal  as  covered  the  report  of  the  Committee  Qn  Rules  should 
be  dispensed  with,  which  was  agreed  to. 

Journal  of  preceding  day  read,  corrected  and  approved. 

Mr.  Stone  moved  that  a  committee  of  three  be  appointed 
by  the  President  to  ascertain  and  report  to  the  Convention 
t  lie  approximate  cost  of  having  the  full  proceedings  and  debates 
of  the  Convention  reported  in  shorthand  and  transcribed  for 
printing. 

Mr.  Hurd  moved  as  an  amendment  that  said  committee 
also  report  as  to  cost  of  printing  said  proceedings  and  debates. 

The  amendment  was  accepted  by  Mr.  Stone;  thereupon,  the 
motion  as  amended  was  agreed  to. 

The  President  appointed  as  such  committee,  Messrs.  Stoner 
Boyles  and  -Carr. 

Mr.  Cushman  appeared  and  took  his  seat. 

Mr.  Crosby  offered  the  following  resolution: 

Resolved,  That  inasmuch  as  Congress  has  made  no  ap- 
propriation for  the  expenses  of  this  Convention;  and, 

Whereas,  We  are  informed  that  the  Honorable,  the  Sec- 
retary of  the  Territory,  will  have  no  unexpended  balance  on 
his  appropriation  for  Legislative  expenses,  wherewith  to  meet 
the  expenses  of  this  Convention;  and, 

Whereas,  The  Honorable  Thomas  Patterson,  Delegate  to 
Congress  from  Colorado  Territory,  has  signified  his  intention 
to  endeavor  to  secure  an  appropriation  from  the  Forty- 
fourth  Congress  for  a  sufficient  sum  to  meet  the  legitimate  ex- 
penses of  this  Convention;  therefore, 

Resolved,  That  this  Convention  does  hereby  authorize  and 
request  the  Hon:  John  Taffe,  Secretary  of  Colorado  Territory, 
to  take  charge  of  the  purchase  of  supplies  and  such  expendi- 
tures as  may  be  incident  to  this  Convention,  except  stationery 
and  printing,  with  the  definite  understanding,  however,  that 
he  is  not  to  be  held  officially  or  personally  responsible  for  any 
debt  incurred  by  this  Convention,  until  fully  empowered  to  dis- 
charge the  same  by  act  of  Congress. 

Mr.  Clark  offered  the  following  as  a  substitute,  which  was 
accepted  by  Mr.  Crosby: 


36  PROCEEDINGS    OF    THE 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  pro- 
cure the  necessary  furniture  for  the  committee  rooms  used  by 
this  Convention. 

On  motion,  the  Convention  refused  to  adopt  the  substitute 
which  had  been  accepted  by  Mr.  Crosby. 

Mr.  Pease  offered  the  following  resolution: 

Resolved,  That  the  term  of  office  of  Treasurer,  whether  of 
State  or  of  any  county,  town,  township,  school  district  or  other 
municipality  whatever,  shall  in  no  case  be  for  a  longer  time 
than  two  years;  nor  shall  any  officer  or  any  other  person  or 
persons  elected  to  such  office  or  any  person  or  persons  to  or 
with  whom  the  public  money  is  directed  by  law  to  be  paid  or 
deposited  in  trust  for  public  uses,  hold  his  office  for  any  longer 
term,  nor  shall  any  such  officer  be  eligible  to  election  to  a 
second  term  without  an  intervening  term. 

On  his  own  motion  the  resolution  was  laid  on  the  table  and 
referred  to  the  Committee  on  Officers  and  Oath  of  Office. 

Mr.  Yount  offered  the  following  resolution: 

Resolved,  That  when  this  Convention  adjourns  it  adjourn 
to  meet  on  Wednesday,  the  5th  day  of  January,  1876,  at  10 
o'clock  a.  m. 

The  resolution  was  withdrawn  by  Mr.  Yount. 

The  President  announced  the  following  Standing  Com- 
mittees : 

Bill  of  Rights — Messrs.  Marsh,  Widderfield,  Hurd,  Ells- 
worth and  Wheeler. 

Legislature  and  Legislation — Messrs.  Thatcher,  Stover, 
Elder,  James,  Meyer,  Wilcox,  Clark,  Boyles  and  Cushman. 

Executive  Department — Messrs.  Elder,  Hough,  James, 
Head  and  White. 

Judiciary — Messrs.  Stone,  Wells,  Thatcher,  Beck,  Marsh, 
Rockwell,  White,  Boyles,  Kennedy,  Pease  and  Felton. 

Rights  of  Suffrage  and  Elections — Messrs.  Webster,  Brom- 
well,  Stone,  Beck  and  Vijil. 

Impeachment  and  Removal  from  Office — Messrs.  Crosby, 
White,  Wilcox,  Meyer  and  Garcia. 

Education  and  Educational  Institutions — Messrs.  Hurd, 
Stone,  Carr,  Wheeler  and  Douglas. 

Public  and  Private  Corporations — Messrs.  Rockwell. 
Cooper,  Ellsworth,  Thatcher,  Wheeler,  Meyer,  Douglas, 
Webster  and  Barela. 

Revenue  and  Finance — Messrs.  Cushman,  Yount,  Hough, 
Plumb  and  Ellsworth. 

Counties — Messrs.  Boyles,  James,  Stover,  Hurd  and  Plumb. 

Officers  and  Oath  of  Office— Messrs.  Felton,  Wells,  Lee, 
Crosby  and  Quillian. 

Military  Affairs — Messrs.  Carr,  Cooper  and  Pease. 


rnXSTITI   TIOXAI.    <  <»N  VK.\  TIoN.  37 

Mines  and  Mining-Messrs.  Clark,  .lames.  Kennedy,  Rock- 
well, Crosby.  Stover.  Eherl.  Carr  and  Webster. 

Irrigation.  Agriciillure  :m<l  Mamil'McMires  Messrs.  Plumb, 
Head,  ISarela,  Felton,  Wheeler,  Lee.  Kheri,  Widderlield  and 
Cooper. 

Accounts  ;uid   Expenditures  of  Convention  -. Messrs.   Yonnt. 

Kliel-1     Mild     Marela. 

Stale  Institutions  and  linildings — Messrs.  Douglas,  Hurd, 
Qnillian,  rushman  MIK!  Kennedy. 

Congressional  and  Legislative  Apportionments — Messrs. 
Beck.  Thatcher,  Quillian,  Ellsworth,  White,  Meyer,  Pease, 
Kennedy  and  Clark. 

Federal  Relations — Messrs.  Wilcox,  White  and  Garcia. 

Future  Amendments. — Messrs.  Pease,  Elder,  Boyles,  Wil- 
cox  and  Marsh. 

Revisions  and  Adjustments — Messrs.  Wells,  Bromwell, 
Cair,  Lee  and  Rockwell. 

Schedule — Messrs.  Quillian,  Wells,  Stone,  Marsh  and  Carr. 

Printing — Messrs.  Hough,  Bromwell  and  Webster. 

Enrolling  and  Engrossing — Messrs.  Cooper,  Crosby  and 
Widderfield. 

Miscellaneous — Messrs.  Head,  Beck,  Garcia,  Lee  and  Elder. 

State,  County  and  Municipal  Indebtedness — Messrs.  Brom- 
well, Cushman,  Hough,  Douglas  and  Yount. 

Forest   Culture — Messrs.   Ebert,   Felton   and  Stover. 

Mr.  Elder  offered  the  following  resolution: 

Resolved,  That  for  the  purpose  of  giving  the  committees 
an  opportunity  for  preparing  their  different  reports,  therefore, 

Resolved,  That  when  the  Convention  adjourns  to-day  it  will 
stand  adjourned  until  Tuesday,  January  4th,  A.  D.  1870,  at 
10  o'clock  a.  in. 

Mr.  Bromwell  moved  as  an  amendment  to  strike  out  of  the 
resolution  the  words  "for  the  purpose  of  giving  the  committees 
an  opportunity  for  preparing  their  diffeffrent  reports." 

Mr.  Head  offered  the  following  substitute  to  the  resolution 
of  Mr.  Elder  and  the  amendment  offered  by  Mr.  Bromwell,  which 
was  not  agreed  to: 

I 'esolved.  That  this  Convention  adjourn  until  the  4th  day 
of  March  A.  D.,  1870,  at  10  a.  in. 

Mr.  Boyles  moved  the  previous  question,  and  the  question, 
[being]  Shall  the  main  question  be  now  put?  ii  was  ordered. 

The  question  recurring  upon  Mr.  Urom well's  amendment 
and  being  put.  the  amendment  was  decided  in  the  negative. 

Mr.  Bromwell  calling  for  a  division,  the  Convention  was 
divided. 

Yeas,  0;  navs.  22. 


38  PROCEEDINGS    OF    THE 

So  the  amendment  offered  by  Mr.  Bromwell  was  not  agreed 
to. 

The  question  then  being  on  the  adoption  of  the  resolution 
of  Mr.  Elder,  it  was  agreed  to. 

Mr.  Thatcher  announced  that  he  was  authorized  by  the 
Executive  Committee  of  the  Keystone  Club  to  place  the  rooms 
of  the  club  at  the  disposal  of  the  members  of  the  Convention 
during  the  remainder  of  its  session. 

Accepted. 

Mr.  Beck,  Chairman  of  the  Committee  on  Ways  and  Means, 
brought  up  the  following  report: 

The  Committee  of  Ways  and  Means,  to  whom  were  referred 
the  resolutions  in  reference  to  the  payment  of  the  officers  and 
members  of  this  Convention,  have  attended  to  those  duties  and 
beg  leave  to  report  progress,  as  follows: 

That  they  conferred  with  the  First,  the  Colorado  and  the 
City  National  Bank  and  Collins,  Snyder  &  Co.,  or  the  Ex- 
change Bank  of  Denver,  requesting  them  to  advance  each  the 
sum  of  one  thousand  dollars,  making  a  fund  of  four  thousand 
dollars  to  be  paid  on  the  President's  certificate,  to  be  issued  to 
the  members  and  officers  for  mileage  and  per  diem,  to  an 
amount  not  exceeding  seventy-five  dollars  each.  The  First 
National,  the  City  National  and  the  Colorado  National  Banks 
consent  to  accept  the  certificates  of  the  President  of  the  Con- 
vention to  the  amount  of  one  thousand  dollars  each,  for  the 
payment  to  each  officer  and  member  of  a  sum  not  exceeding 
seventy-five  dollars  each,  taking  the  indorsement  of  the  mem- 
bers to  whom  such  certificates  are  issued,  holding  such  mem- 
bers individually  responsible  for  the  payment  of  such  certificate 
within  six  months  from  date,  without  interest.  Collins,  Snyder 
&  Co.  say  they  are  about  to  dispose  of  their  banking  business 
to  the  Exchange  Bank  of  Denver,  the  arrangement  to  take  effect 
January  1st,  1876,  at  which  time  they  gave  us  every  reason  to 
suppose  that  the  Exchange  Bank  will  advance  the  balance  of 
the  four  thousand  dollars.  From  the  Territorial  Secretary's 
office  the  committee  obtained  the  following  information  in 
reference  to  the  compensation  of  the  officers  and  members  of  the 
Territorial  Legislature,  viz. :  That  the  following  circular  was  is- 
sued by  the  Treasury  Department  at  Washington  on  the  14th 
day  of  August,  1874: 

Department  No.  78,  First  Comptroller's  Office. 
Treasury  Department,  First  Comptroller's  Office, 

Washington,  D.  C.,  August  14th,  1874. 

By  act  of  January  23d,  1873,  members  of  each  branch  of 
Territorial  Legislature  are  allowed  a  compensation  of  six  dol- 
lars per  day  and  mileage  as  allowed  by  law.  The  President  of 
the  Council  and  the  Speaker  of  the  House  are  each  allowed  ten 
dollars  per  day. 


CONSTITUTIONAL    CO.\VK.\T!<>\.  39 

The  following  officers  are  allowed  to  <-;i<  h  branch  of  the 
Legislative  Assembly,  viz.:  One  Chief  Clerk  at  a  compensation 
of  eight  dollars  per  day,  one  Assistant  Clerk,  one  Enrolling 
Clerk,  one  Engrossing  Clerk,  one  Sergeant-at-Arms,  one  Door 
Keeper,  one  Messenger  and  one  Watchman,  at  five  dollars  per 
d;i  v  each.  No  other  officers  or  employes  are  authorized  and  none 
others  can  be  paid  by  ili»-  Srrivtary  of  the  Territory. 

(Signed)  R.  W.  TYLKII. 

Comptroller 

That  the  only  instructions  to  Territorial  Secretary  pre- 
viously issued  by  said  department  in  reference  to  payment  of 
Territorial  Legislatures  was  the  circular  of  date  May  8th,  1863, 
which  is  the  only  one  prescribing  mileage.  This  circular  pre- 
scribes mileage  as  follows,  to  the  two  Houses  of  Territorial 
Legislatures:  Three  dollars  for  every  twenty  miles'  travel  to 
and  from  the  residence  of  the  members,  to  be  estimated  accord- 
ing to  the  nearest  traveled  route.  No  mileage  to  officers  ex- 
cept presiding  officers,  who  receive  theirs  as  members. 

From  the  Secretary's  Office  the  committee  obtained  official 
information  that  there  remains  on  hand  of  the  appropriation  by 
Congress  for  the  Legislative  expenses  of  this  Territory  for  the 
fiscal  year  ending  June  30,  1875,  the  sum  of  88  cents  only. 

The  committee  further  report  that  they  have  no  informa- 
tion as  to  the  measures  being  taken  to  obtain  an  appropriation 
by  Congress  for  the  payment  of  the  expenses  of  this  Convention, 
but  they  recommend  the  passage  by  the  Convention  of  the 
accompanying  resolution  upon  the  subject. 

All  of  which  is  respectfully  submitted, 

WM.   E.    BECK,    Chairman. 

CUSHMAN, 

HEAD, 

QUILLIAN, 

WHEELER. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  our 
Delegate  in  Congress,  the  Hon.  T.  M.  Patterson,  be  requested 
to  ask  for  an  immediate  appropriation  by  Congress  of  the  sum 
of  twenty-five  thousand  dollars,  to  be  applied,  or  so  much  there- 
of as  may  be  necessary,  to  defray  the  expenses  and  pay  the 
members  and  officers  of  this  Convention. 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
Chair  to  prepare  a  suitable  memorial  to  Congress  to  accom- 
pany the  foregoing  resolution. 

Mr.  Elder  moved  that  the  report  and  resolutions  be  re- 
ceived and  adopted,  which  was  agreed  to. 

Mr.  Carr  offered  the  following  resolution,  which  was 
adopted : 


40  PROCEEDINGS    OF    THE 

Whereas,  A  large  number  of  the  members  of  this  Conven- 
tion are  attorneys-at-law,  who  have  cases  pending  in  the  dif- 
ferent courts  of  this  Territory,  which  demand  their  personal  at- 
tention ;  therefore. 

Resolved,  That  the  judges  of  the  several  courts  of  this 
Territory  are  requested  to  take  notice  of  »the  fact  that  this  Con- 
vention is  in  session  and  grant  continuances  when  desired  on 
all  causes  in  which  members  of  this  Convention  are  interested 
as  attorneys. 

Mr.  Stone  moved  that  all  that  portion  of  the  Constitution 
relating  to  the  Bill  of  Rights  be  referred  to  the  Standing  Com- 
mittee on  Bill  of  Rights;  that  all  that  portion  of  the  Constitu- 
tion relating  to  the  Legislature  and  the  subject  of  legislation 
be  referred  to  the  Standing  Committee  on  that  subject,  and  that 
in  the  same  manner  and  order,  each  subject-matter  and  division 
of  the  Constitution  be  referred  to  the  appropriate  Standing  Com- 
mittee: such  subject  [Standing  Committees]  to  frame  the  several 
portions  of  the  Constitution,  embracing  such  division  so  referred 
to  each,  and  report  the  same  to  the  Convention  as  soon  as  may 
be. 

Mr.  Hurd  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  Committee  on  Printing  and  Binding 
be  instructed  to  have  one  hundred  copies  of  the  list  of  the 
Standing  Committees  printed,  as  announced  by  the  President. 

The  President  appointed  Messrs.  Carr,  Kennedy  and 
Crosby  a  committee  of  three  to  prepare  a  memorial  to  Congress, 
as  recommended  in  report  of  Committee  on  Ways  and  Means. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
Tuesday,  January  4th,  1876,  at  10  a.  m. 


(MXSITi  ITIM.NAI.    (  ONVKV!  ION.  41 


TUESDAY,  JANUARY    ITII.    isTU.    in  A.   M. 

Tin-  Convention  met  pursuant  to  adjournment. 

Prayer  was  oll'ered  l»v  I  he  Kev.  Si  in  n-vant. 

Roll  called. 

Absent— Messrs,  llarela.  Heck,  <'arr.  Kbert,  Marsh.  Plumb, 
\\'hilc.  \Yells,  \Yheeler  and  Yonnt. 

The  Journal  of  proceedings  read,  corrected  and  approved. 

Messrs.  .Marsh.  While.  NYells  and  Wheeler  entered  and 
took  their  seats. 

Mr.  Douglas  moved  that  the  oath  be  administered  by  the 
I 'resident  to  Mr.  White,  a  member,  and  to  David  Wilkins,  In- 
terpreter of  the  Convention,  which  was  agreed  to. 

Thereupon  the  President  administered  the  oath  to  Mr. 
White  and  David  Wilkins. 

Mr.  Pease  offered  the  following  resolution: 

Resolved,  That  the  resignation  of  Robert  A.  Kirker,  As- 
sisiant  Sergeant-at-Arms  elect  of  this  Convention,  be  accepted, 
and  that  he  be  elected  by  acclamation  to  the  office  of  Postmaster 
of  this  Convention. 

Mr.  Elder  offered  the  following  as  an  amendment  to  the 
resolution,  which  wTas  accepted  by  the  mover: 

And  that  the  office  of  the  Assistant  Sergeant-at-Arms  is 
hereby  abolished,  whereupon  the  resolution  as  amended  was 
adopted. 

Mr.  Kennedy  offered  the  following  resolution,  and  on  his 
own  motion  it  was  referred  to  the  Committee  on  State,  County 
and  Municipal  Indebtedness: 

Resolved,  That  the  Legislative  Assembly  shall  not  author- 
ize any  county,  city,  town,  village  or  incorporated  district  to 
become  a  stockholder  in  any  company,  association  or  corpora- 
tion, or  to  obtain  or  appropriate  money  for,  or  to  loan  its  credit 
to.  any  corporation,  association,  institution  or  individual. 

A  communication  from  B.  Van  Zandt,  enclosing  certain 
documents  relating  to  the  election  of  delegate  to  the  Conven- 
tion from  the  Eleventh  district  and  contesting  the  seat  of  Mr. 
Widderfield  for  that  district. 

On  motion  of  Mr.  Thatcher,  the  communication  and  other 
papers  were  referred  to  a  select  committee  of  five  members  to 
be  appointed  by  the  President. 

The  President  appointed  as  such  committee  Messrs. 
Thatcher,  Elder,  Pease.  Marsh  and  Kenned}*. 

On  motion  of  Mr.  Crosby  the  report  of  the  Committee  on 
Order  of  Business  and  Rules  was  taken  from  the  table  for  con- 
sideration. 


42  PROCEEDINGS   OF    THE 

On  motion  of  Mr.  Stone  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  to  consider  the  report  of  the  Com- 
mittee on  Order  of  Business  and  Rules,  Mr.  Kennedy  in  the 
chair. 

After  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  Kennedy  reported  that  the  Committee  of  the 
Whole  Convention,  having,  according  to  order,  had  under  con- 
sideration the  report  of  the  Committee  on  Order  of  Business  and 
Eules,  had  made  some  progress  therein  and  asked  leave  to  sit 
again  this  afternoon  at  2  o'clock,  which  was  granted. 

On  motion  of  Mr.  Wells,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

TWO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Koll  called. 

Absent — Messrs.  Barela,  Carr  and  Yount. 

On  motion  of  Mr.  Felton  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Order  of  Business  and  Rules,  Mr.  Kennedy 
in  the  chair. 

After  some  time  spent  therein  the  President  resumed  the 
chair,  and  Mr.  Kennedy  reported  that  the  Committee  of  the 
Whole,  having,  according  to  order,  had  said  report  under  con- 
sideration, made  some  progress  therein,  and  asked  leave  to  sit 
again  at  10:30  o'clock  to-morrow,  which  was  granted. 

Mr.  Carr  appeared  and  took  his  seat. 

Mr.  Hurd  offered  the  following  resolution,  which  was 
adopted: 

Resolved,  That,  in  the  judgment  of  this  Convention,  it  is 
necessary  that  an  additional  Page  be  elected. 

On  motion  of  Mr.  Hurd,  WTillie  McCord  was  elected  Page 
to  the  Convention  by  acclamation. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10  o'clock  a.  m.,  tomorrow. 


CONSTITUTIONAL    CONVENTION,  43 


\\  KhNKSDAY,  JANUARY  5,  1876,  10  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Reverend  F.  C.  Millington. 

Roll  called. 

Absent — Messrs.  Barela,  Wells  and  Stone. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Beck  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Miscellaneous  Subjects: 

Resolved,  That  the  preamble  to  the  Constitution  be  as  fol- 
lows: 

We,  the  People  of  the  Territory  of  Colorado,  in  order  to 
form  a  more  perfect  Government,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defense,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this  Constitu- 
tion for  a  State  Government  with  the  name  of  the  State  of 
Colorado. 

Also,  the  following,  which  was  referred  to  the  Committee 
on  Education: 

Resolved,  That  the  State  of  Colorado  shall  never  pass  any 
law  respecting  an  establishment  of  religion  or  prohibiting  the 
exercise  thereof;  but  Church  and  State  shall  forever  be  separate 
and  distinct,  and  each  be  free  within  its  proper  sphere. 

Neither  the  Legislature,  nor  any  county,  city,  town,  town- 
ship, school  district  or  other  municipal  or  public  corporation, 
shall  ever  make  any  appropriation  or  pay  from  any  public  fund 
whatever,  anything  in  aid  of  any  church  or  sectarian  purpose, 
or  to  help  support  or  sustain  any  school,,  academy,  seminary, 
college,  university,  or  literary  or  scientific  institution  controlled 
by  any  church  or  sectarian  denomination  whatever,  nor  shall 
any  grant  or  donation  of  land,  money  or  other  personal  property 
ever  be  made  by  the  State  or  by  any  county,  city,  town,  town- 
ship, school  district  or  other  municipal  or  public  corporation, 
to  any  church  or  for  any  sectarian  purpose. 

The  Legislature  shall  provide  for  the  establishment  and 
maintenance  of  a  thorough  and  efficient  system  of  free  schools, 
whereby  all  children  of  the  State  between  the  ages  of  six  and 
twenty-one  years,  irrespective  of  color,  birthplace  or  religion, 
shall  be  afforded  a  good  common  school  education. 

No  theological,  religious  or  sectarian  tenets  or  instructions 
shall  ever  be  imparted;  nor  shall  any  theological  or  religious 
book  or  any  version  of  the  Bible  be  introduced  as  a  text  book, 
or  read  as  a  school  exercise;  nor  shall  any  religious  services  or 
worship  be  permitted  in  any  school,  college,  academy,  seminary 
or  university  supported  in  whole  or  in  part  by  taxation  or  by 
money  or  property  derived  from  public  sources. 


44  PROCEEDINGS    OF    THE 

Mr.  Carr  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Irrigation,  Agriculture  and  Manu- 
factures: 

Resolved,  That  the  following  sections  shall  be  a  part  of  the 
Constitution  of  the  State: 

Sec. —  The  primary  right  of  ownership  in  the  waters  of  all 
the  streams  in  this  State  is  and  shall  be  at  all  times  in  the 
State,  and  the  said  streams  and  the  waters  therein  are  and 
shall  be  subject  to  the  control  of  the  Legislature. 

Sec. —  It  shall  be  the  duty  of  the  Legislature  from  time 
to  time  to  pass  such  laws  as  may  be  necessary  to  secure  a  just 
and  equitable  distribution  of  the  water  in  the  streams  of  the 
State,  for  mining,  irrigating  and  manufacturing  purposes,  in 
such  a  manner  as  to  best  foster  and  encourage  these  great  in- 
dustries of  the  State;  promote  the  greatest  good  to  the  greatest 
number  of  the  citizens  of  the  State;  and  at  the  same  time  to  pro- 
vide for  the  security  and  protection  of  all  persons  in  their  in- 
dividual rights. 

Sec. —  The  Legislature  may  pass  general  laws  authorizing 
the  use  of  water  for  mining,  agricultural  and  manufacturing 
purposes  by  corporations,  associations  or  individuals,  which 
laws  may  be  altered  or  repealed  at  any  time. 

Also,  the  following,  which  was  referred  to  the  Committee 
on  Revenue  and  Finance: 

Resolved,  That  the  following  shall  be  a  part  of  the  Consti- 
tution of  the  State: 

Sec. —  All  property  within  the  State  except  property  of 
the  State  and  municipal  corporations  shall  be  taxed  according 
TO  its  value. 

Mr.  Clark  offered  the  following  resolution,  which  was  re- 
ferred to  Committee  on  Revenue  and  Finance: 

Resolved,  That  on  making  up  the  list  of  property  subject 
to  general  or  special  taxation,  that  the  net  product  of  mineral 
bearing  veins,  lodes  or  ledges  be  taken  as  the  proper  valuation 
for  the  basis  of  taxing  in  the  same. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
ferred to  Committee  on  Rights  of  Suffrage  and  Elections: 

Resolved,  That  in  time  of  war,  no  elector  in  the  actual  mil- 
itary service  of  the  State  or  of  the  United  States,  in  the  army 
or  navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his 
absence  from  such  election  district,  and  the  Legislature  shall 
have  power  to  provide  the  manner  in  which,  and  the  time  and 
place  at  which,  such  electors  may  vote  and  for  the  return  and 
canvass  of  their  votes  in  the  election  district  in  which  they  re- 
spectively reside. 

Also,  the  following,  which  were  referred  to  Committee  on 
Judiciarv: 


45 


DisTKHT  rorirrs. 


Kesolved,  Thai  iheiv  sluill  IK-  until  such  lime  as  the  Legis- 
lature |  Legislative  |  Assembly  shall  otherwise  direct,  four  judi- 
cial districts  within  the  State  of  Colorado,  to  be  fixed  by  coun- 
ties. and  a  District  Judge  assigned  to  each  district,  who  shall 
he  rle(  -ted  by  the  electors  of  such  judici.nl  district,  and  who  shall 
hold  tlieir  respect  ive  offices  until  the  first  .Monday  in  January, 
A.  P.,  iSTs. 

Kesolved,  That  ever  thereafter  i:  shall  be  the  duty  of  the 
<iovernor  of  said  State  to  appoint  a  suitable  person,  who  is 
learned  in  the  laws  and  without  regard  to  his  political  affilia- 
tion. a  judge  of  the  several  judicial  districts  within  said  State, 
ejirh  of  which  shall  be  confirmed  by  the  Senate  of  said  State 
and  commissioned  by  the  Governor,  and  who  shall  hold  their 
offices  for  the  term  of  six  years  respectively,  except  the  first  ap- 
pointed, who  shall  hold  their  offices  for  the  term  of  two,  four 
and  six  years  from  the  first  Monday  of  January  following  the 
date  of  their  confirmation  and  appointment,  with  an  annual 
salary  of  three  thousand  dollars  each. 

SUPREME  COURT. 

Kesolved,  That  the  judicial  powers  of  this  State,  both  as  to 
matters  of  law  and  equity,  shall  be  vested  in  a  Supreme  Couiu 
district  courts,  probate  courts  and  justices  of  the  peace  and  such 
other  courts  as  may  hereafter  be  created  by  law. 

Resolved,  That  the  Supreme  Court  shall  have  a  general 
superintending  control  over  all  inferior  courts. 

Resolved,  That  the  Supreme  Court  shall,  for  the  term  of 
one  year  from  the  first  Monday  in  January.  A.  D.,  1877,  and 
until  the  Legislative  Assembly  shall  otherwise  provide,  consist 
of  three  judges,  to  be  elected  by  general  ticket,  who  shall  hold 
their  office  for  one  year  from  the  first  Monday  in  January  in  the 
year  aforesaid. 

Kesolved,  That  ever  thereafter  the  said  judges  shall  be  ap- 
pointed by  the  Governor  and  confirmed  by  the  Senate  of  said 
State,  who  shall  hold  their  office  for  six  years,  except  the  first 
appointed;  they  shall  hold  their  office  for  two,  four  and  six 
years,  to  be  designated  upon  their  commissions,  and  the  said 
judges  to  be  commissioned  by  the  Governor  so  soon  as  con- 
firmed by  the  Senate,  with  an  annual  salary  of  three  thousand 
dollars  each. 

Mr.  Boyles  offered  the  following  resolution,  which  was  re- 
ferred to  Committee  on  State,  County  arid  Municipal  indebted- 
ness: 

Kesolved,  That  the  Legislative  Assembly  is  hereby  prohib 
ited  from  authorizing  any  county,  city.  town,  village  or  incor- 
porated district  to  become  a  stockholder  in  any  company,  asso- 
ciation or  corporation:  or  to  obtain  or-  appropriate  money  for 


46  PROCEEDINGS    OF    THE 

or  to  loan  its  credit  to  any  corporation,  association  or  individ- 
ual to  exceed  ten  per  cent,  of  the  valuation  of  the  taxable  prop- 
erty of  said  county,  city,  town,  village  or  incorporated  district 
so  desiring  to  become  a  stockholder  or  appropriate  money  as 
aforesaid. 

Mr.  Stone  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Legislature  and  Legislation: 

Resolved,  That  the  Legislature  and  Legislation  Committee 
be  requested  to  inquire  into  the  expediency  of  so  framing  the 
Constitution  that  no  law  shall  embrace  more  than  one  subject, 
which  shall  be  named  in  the  title;  but  if  the  title  contain  only 
one  subject,  the  law  shall  be  valid  as  to  that,  and  void  as  to  all 
other  subjects. 

No  law  shall  be  revised,  altered  or  amended  by  reference 
to  its  title  only,  but  the  act  revised,  or  the  section  or  sections 
thereof,  as  altered  or  amended,  shall  be  re-enacted  and  pub- 
lished at  length. 

Mr.  Bromwell  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  State,  County  and  Municipal  In- 
debtedness : 

Resolved,  That  the  Committee  on  State,  County  and  Munici- 
pal Indebtedness  be  instructed  to  inquire  in  [into]  and  report 
what  reasonable  restrictions  and  limitations  should  be  put  upon 
the  issuance  of  bonds  by  the  State,  by  counties,  cities,  towns  and 
school  districts,  and  for  what  purpose,  if  any,  such  indebtedness 
should  be  permitted;  and  that  said  committee  report  an  article 
or  sections  of  an  article  for  regulation  of  said  matter. 

Also,  the  following,  which  was  referred  to  the  Committee 
on  Judiciary: 

Resolved,  That  no  witness  should  be  imprisoned  to  secure 
his  testimony,  in  any  case,  longer  than  may  be  necessary  to  take 
his  deposition;  but  if  he  be  able  to  give  security  he  shall  be  dis- 
charged, and  if  he  cannot  give  security,  his  deposition  shall  be 
taken  before  the  judge  of  the  court  where  his  evidence  is  re- 
quired, and  he  be  discharged  on  his  own  recognizance. 

Mr.  Carr,  Chairman  of  the  Select  Committee  to  prepare  a 
Memorial  to  the  Congress  of  the  United  States,  presented  the 
report  of  that  committee  as  follows: 
To  the  Honorable,  the  Constitutional  Convention  of  Colorado: 

Gentlemen:  Your  committee  to  whom  was  referred  the 
matter  of  preparing  a  Memorial  to  the  Congress  of  the  United 
States,  asking  an  appropriation  for  the  purpose  of  defraying  the 
expenses  of  this  Convention,  respectfully  present  the  following 
as  their  report: 
To  the  Honorable,  the  Senate  and  House  of  Representatives  of 

the  United  States  of  America  in  Congress  Assembled: 

Your  Memorialists,  the  Constitutional  Convention  of  Colo- 
rado, respectfully  represent  to  your  Honorable  Body,  that, 


CONSI  i  i  i  -i  K.NAI.   CONVENTION.  47 


whereas,  the  ;K  i  of  ron^n-ss  of  March  Third  (3rd),  1875,  entitled 
an  a<-i  in  form  a  (  'onsiii  ut  ion  and  State  Government,  and  for 
the  admission  of  i  In-  saul  (Siaiei  info  the  Union  on  an  equal  foot- 
ing \\ith  i  lie  oH.uinal  Stales,  jtrovides  that  the  expenses  of  this 
(  1«m  vein  inn,  and  fur  the  payment  of  the  members  thereof,  shall  be 
»K  iia\(  (1  (»ni  of  the  balance  of  the  appropriations  for  the  Legis- 
lative expenses  of  this  Territory  remaining  unexpended;  and, 

Whereas,  An  act  of  Congress  entitled,  An  Act  Making  Ap- 
propriations for  the  Legislative,  Executive  and  Judicial  expenses 
of  tlie  (  Jovernment  for  the  Year  Ending  June  Thirtieth,  1876, 
and  for  other  purposes,  approved  March  3rd,  1875,  provides  that 
the  following  sums  be  and  the  same  are  hereby  appropriated  for 
the  Legislative  expenses  of  said  Territory  of  Colorado;  Namely: 
For  mileage  and  per  diem  of  members  and  per  diem  of 

officers  ..........................................  $13,000 

For  Printing  .........................................     4,000 

For  rents  of  Legislative  Halls  and  Rooms  ...............       600 

<  'ojil.  Light,  Labor  and  Incidental  Expenses  ............  1,800 

Total  ............................................  $19,400 

Which  amount  is  all  that  now  remains  in  the  hands  of  the 
Territorial  Secretary  for  the  payment  of  Legislative  expenses, 
all  prior  appropriations  for  said  expenses  having  been  expended; 
and, 

Whereas,  Said  amount  is  barely  sufficient  to  defray  the  ex- 
penses of  the  Legislative  Assembly  of  this  Territory,  now  about 
to  convene,  leaving  no  funds  on  hand  at  the  command  of  this 
Convention  wherewith  to  pay  its  ordinary  contingent  expenses, 
or  the  mileage  and  per  diem  of  its  members;  and 

Whereas,  The  necessary  expenses  of  this  Convention,  in- 
cluding mileage  and  per  diem  of  members,  per  diem  of  officers, 
printing,  rent,  lights,  fuel  and  other  contingent  expenses  will 
amount  to  not  less  than  Twenty-five  thousand  dollars,  for  the 
payment  of  which  this  Convention  has  no  power  to  levy  a  tax 
or  make  an  appropriation;  therefore, 

Your  Memorialists  would  respectfully  request  that  a 
law  be  enacted  by  your  honorable  body  appropriating  the 
sum  of  Twenty-five  Thousand  dollars  as  an  increase  to  the 
Legislative  appropriation  for  this  Territory  for  the  current  year 
for  the  purpose  of  defraying  the  expenses  of  this  Convention. 

B.  L.  CARR, 
H.  R.  CROSBY, 
WM.  R.  KENNEDY, 

Committee  on  Memorial. 

Mr.  Kennedy  moved  that  the  report  be  received  and  the  com- 
mittee discharged,  which  was  agreed  to. 

Mr.  Pease  moved  to  amend  the  report  by  striking  out  the 
words,  "Twenty-five  Thousand"  and  inserting  the  words  "Forty 
Thousand." 


48  PROCEEDINGS    OF    THK 

Mr.  Bromwell  moved  that  the  report  of  the  Committee  on 
Memorial  be  recommitted  to  said  committee,  with  instructions 
to  set  forth  therein  the  circumstances  of  the  meeting  of  this 
Convention  and  calling  attention  to  the  fact  of  its  being  held 
under  the  United  States  laws,  and  all  other  facts  proper  to  be 
considered  by  Congress  in  the  premises,  and  that  they  report  at 
10  o'clock  a.  m.  to-morrow. 

Mr.  Stone  moved  that  the  report  be  referred  to  a  special 
committee,  the  members  of  which  should  be  the  members  of 
the  former  committee. 

Mr.  Carr  moved  to  amend  the  motion  of  Mr.  Stone  by  the 
addition  of  Mr.  Bromwell  to  such  select  committee,  which 
amendment  was  accepted  by  Mr.  Stone. 

Mr.  Crosby  moved  as  a  further  amendment  to  the  motion 
by  Mr.  Stone,  that  the  number  of  the  committee  be  increased 
to  five  members,  which  was  agreed  to. 

Thereupon  the  motion  of  Mr.  Stone  so  amended  was  agreed 
to. 

The  President  appointed  as  such  committee,  Messrs.  Carr, 
Crosby,  Kennedy,  Bromwell  and  Marsh. 

On  motion  of  Mr.  Felton  the  Convention  resolved  itself  into 
Committee  of  the  AThole  to  again  consider  the  report  of  the 
Committee  on  Order  of  Business  and  Rules,  Mr.  Kennedy  in 
the  chair. 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Kennedy  submitted  the  following  report,  viz.: 

The  Committee  of  the  Whole  Convention,  to  whom  was  re- 
ferred the  report  of  the  Committee  on  Order  of  Business  and 
Rules,  beg  leave  to  report  that  they  have  had  the  same  under 
consideration  and  have  directed  me  to  report  the  same  back  with 
sundry  amendments,  and  ask  the  concurrence  of  the  Convention 
therein  in  the  words  following,  to-wit: 

Rule  No.  1.  A  majority  of  the  Convention  shall  constitute 
a  quorum,  but  a  smaller  number  may  adjourn  from  day  to  day 
and  compel  the  attendance  of  absent  members. 

Rule  No.  2.  The  Convention  shall  keep  a  Journal  of  its 
proceedings,  and  the  ayes  and  noes  of  the  members  on  any  ques- 
tion shall  at  the  desire  of  any  two  members  be  entered  on  the 
Journal. 

Rule  No.  3.  Any  member  of  the  Convention  shall  have 
liberty  to  dissent  and  protest  against  any  act  or  resolution 
which  he  may  think  injurious  to  the  public  or  to  any  individual 
and  have  the  reason  of  his  dissent  in  respectful  language  en- 
tered on  the  Journal  without  debate  whenever  the  same  shall 
be  filed  with  the  Secretary. 

Rule  No.  4.  The  Convention  may  reprimand  or  censure  the 
members  for  disorderlv  behavior. 


CONST  I  I  I   TlMNAI.    <  OXVK.NTIO.X.  49 

Knle   NIL  ."».     The  Convention,  during  ils  session,   may   pun- 
ish   by    expulsion    1'rnill    the    Ililll    any    p'-rson    lint    ;i     member    \vhn 
shall  be  guilt  v  of  disn  sportful  rnndun  nr  any  disorderly  or  rnn 
tempi  nous  helm  vim    in   its  presence. 

Rule  Nn.  <i.  The  Sergeant  ;it  Anns  slinll  nnt  permit  any 
person  not  a  member  or  oilirer  of  tliis  Convention  to  pass  inside 
the  railing,  in  the  rear  of  the  seats  of  the  members  at  any  time 
(hiring  tlie  session  of  (lie  <  'onvention,  except  the  Judges  of  the 
Supreme  Court,  the  (Joveinor  and  the  Secretary  of  the  Territory 
ol  Colorado  and  the  members  of  the  Legislature  of  Colorado. 
ill.  Mayor  and  Council  of  the  city  of  Denver,  [and]  the  reporters 
of  the  press,  duly  assigned  as  such  by  the  President  of  the  Con- 
vention, except  upon  the  invitation  of  the  Convention. 

Rule  No.  7.  The  President  shall  take  the  chair  every  day 
;:t  the  hour  to  which  the  Convention  shall  have  adjourned;  shall 
immediately  call  the  members  to  order,  have  the  Secretary  call 
the  roll,  and  on  the  appearance  of  a  quorum  shall  cause  the 
Journal  of  the  preceding  day  to  be  read,  unless  dispensed  with 
by  the  Convention,  and  in  all  cases  in  the  absence  of  a  quorum 
the  members  present  may  take  such  measures  as  shall  be  neces- 
sary to  procure  the  attendance  of  absent  members  and  may  ad- 
journ from  day  to  day  until  a  quorum  shall  be  present. 

Rule  No.  8.  The  President  shall  preserve  decorum  and 
order,  may  speak  to  points  of  order  in  preference  to  other  meiu 
bers,  rising  from  his  seat  for  that  purpose,  and  shall  decide 
questions  of  order,  subject  to  appeal  to  the  Convention  by  any 
one  member,  on  which  appeal  no  member  shall  speak  more  titan 
once  unless  by  leave  of  the  Convention. 

Rule  No.  9.  The  President  shall  rise  to  put  a  question,  but 
may  state  it  sitting. 

Rule  No.  10.  Questions  shall  be  distinctly  put  in  this  form: 
As  many  as  are  of  the  opinion  that  (as  the  case  may  be),  say  aye, 
and  after  the  affirmative  voice  is  expressed,  as  many  as  are  of 
the  contrary  opinion,  say  no;  if  the  President  doubt  or  a  di- 
vision is  called  for,  the  Convention  shall  decide;  those  in  the 
a  flii  niative  shall  rise  from  their  seats  and  afterwards  those  in 
the  negative. 

Rule  No.  11.  The  President  shall  vote  on  all  questions 
taken  by  the  ayes  and  noes,  and  on  all  elections  and  divisions 
called  for  by  any  member,  but  if  in  such  vote  a  tie  occurs,  the 
question  shall  be  declared  lost. 

Rule  No.  12.  The  President  shall  examine  and  correct  the 
Journal  before  it  is  read;  he  shall  have  the  general  direction  of 
the  hall ;  he  shall  have  the  right  to  name  any  member  to  perform 
the  duties  of  the  Chair,  but  such  substitution  shall  not  extend 
beyond  one  day,  and  such  substitute  shall  be  vested  during  surh 
time  with  all  the  powers  of  the  President. 


50  PROCEEDINGS    OF    THE 

Rule  No.  13.  When  the  Convention  adjourns,  the  members 
shall  keep  their  seats  until  the  President  announces  the  adjourn- 
ment. 

Rule  No.  14.  Petitions,  memorials  and  other  papers  ad- 
dressed to  the  Convention  shall  be  presented  by  the  President 
or  by  a  member  in  his  place. 

Rule  No.  15.  All  committees  shall  be  appointed  by  the 
President  unless  ordered  otherwise  by  the  Convention. 

Rule  No.  16.  In  case  of  any  disturbance  or  disorderly  con- 
duct in  the  lobby,  the  President  (or  the  Chairman  of  the  Com- 
mittee of  the  Whole  Convention)  shall  have  power  to  have  the 
same  to  be  cleared. 

Rule  No.  17.  Every  member,  previous  to  speaking,  shall 
rise  from  his  chair  and  respectfully  address  himself  to  the 
President,  and  shall  confine  himself  to  the  question  under  debate 
and  avoid  personality. 

Rule  18.  When  two  or  more  members  rise  at  once,  the 
President  shall  designate  the  member  who  is  first  to  speak,  but 
in  all  cases  the  member  who  shall  first  rise  and  address  the 
Chair  shall  speak  first. 

Rule  No.  19.  A  member  called  to  order  shall  immediately 
sit  down,  unless  permitted  to  explain,  and  the  Chair  shall  decide 
the  question  of  order  without  debate,  subject  to  an  appeal  to 
the  Convention. 

Rule  No.  20.  When  a  motion  is  made  it  shall  be  stated  by 
the  President,  or,  being  in  writing,  shall  be  handed  to  the  Secre 
tar}-  and  read  aloud  before  debate. 

Rule  No.  21.  Every  motion  and  resolution  shall  be  reduced 
to  writing,  if  the  President  or  any  member  desires  it. 

Rule  No.  22.  Every  member  who  shall  be  present  before  a 
vote  is  declared  from  the  Chair,  and  no  other,  shall  vote  for  or 
against  the  question  under  consideration,  unless  the  Convention 
shall  excuse  him. 

Rule  No.  23.  When  the  ayes  and  noes  shall  be  taken  on 
any  question,  no  member  shall  be  permitted  to  vote  after  the 
decision  is  announced  from  the  Chair,  unless  by  consent  of  the 
Convention. 

Rule  No.  24.  After  a  motion  is  stated  by  the  President  it 
shall  be  deemed  in  the  possession  of  the  Convention  and  shall 
be  entered  upon  the  Journal,  with  the  name  of  the  member  offer- 
ing the  same,  but  may  be  withdrawn  at  any  time  before  decision 
or  amendment. 

Rule  No.  25.  All  incidental  questions  of  order  arising  after 
a  motion  is  made  for  the  previous  question,  during  the  pending 
of  such  motion  or  after  the  Convention  shall  have  determined 
that  the  main  question  shall  now  be  put,  shall  be  decided, 
whether  on  appeal  or  otherwise,  without  debate. 


CONSTITUTIONAL   CONVENTION!  51 

Kule  No.  26.  When  a  question  is  under  debate  no  motion 
shall  l.c  received  lmt  i<>  adjourn,  to  call  the  House,  to  lay  on 
tin-  talde.  i he  previous  question,  to  postpone  indefinitely,  to  post- 
pone in  a  dav  reriain,  to  commit  or  to  amend,  which  several  mo- 
tions shall  have  precedence  in  the  order  in  which  they  stand 
arranged. 

Rule  No.  27.  A  motion  to  adjourn  shall  be  decided  without 
debate,  except  to  adjourn  to  a  time  certain,  and  shall  always  be 
in  order  except  when  a  member  is  addressing  the  Chair  or  a 
voic  is  being  taken,  and  a  motion  to  lay  on  the  table  shall  be 
decided  without  debate. 

Ixiile  No.  28.  A  motion  to  postpone  to  a  day  certain  or  in- 
definitely, or  to  commit,  being  decided,  shall  not  again  be 
allowed  on  the  same  day  and  at  the  same  stage  of  the  proposi- 
tion. 

Rule  No.  l)(,K  All  questions,  whether  in  committee  or  in  the 
Convention,  shall  be  put  in  the  order  they  are  moved,  except  in 
the  case  of  privileged  questions  and  filling  up  blanks.  [In] 
blanks,  the  largest  sum  and  the  longest  time  shall  be  first  put. 

Rule  No.  30.  When  the  President  is  putting  the  question 
no  member  shall  walk  out  of  or  across  the  hall,  nor  when  a 
member  is  speaking  shall  any  person  entertain  any  private  dis- 
course or  pass  between  him  and  the  Chair  or  give  any  signs  of 
approbation  or  disapprobation,  and  no  smoking  shall  be  allowed 
in  the  hall  whilst  the  Convention  is  in  session. 

Rule  No.  31.  The  rules  of  the  Convention  shall  be  observed 
in  Committee  of  the  Whole  Convention  so  far  as  they  may  be 
applicable,  except  the  ayes  and  noes  shall  not  be  called  nor 
the  previous  question  enforced. 

Rule  No.  32.  A  motion  that  the  Committee  rise  shall 
always  be  in  order  and  shall  be  decided  without  debate. 

Rule  No.  33.  It  shall  be  the  duty  of  the  Secretary  to  keep 
a  book  in  which  he  shall  record  all  the  proceedings  of  the  Con- 
vention and  to  do  and  perform  all  other  acts  appertaining  to 
his  otliee  as  may.  be  required  of  him  by  the  Convention  or  its 
presiding  officer. 

Rule  No.  34.  It  shall  be  the  duty  of  the  Sergeant-at-Arms 
to  attend  the  Convention  during  its  sittings,  to  execute  the  com- 
mands of  the  Convention  from  time  to  time,  together  with  all 
such  process  issued  by  authority  thereof  as  shall  be  directed  to 
him  by  the  President. 

Rule  No.  35.  If  the  question  under  debate  contains  several 
propositions  any  member  may  have  the  same  divided,  and  on 
motion  to  strike  out  and  insert  it  shall  be  in  order  to  move  for 
a  division  of  the  question,  and  rejection  of  the  motion  to  strike 
out  and  insert  one  proposition  shall  not  prevent  a  motion  to 
strike  out  and  insert  a  different  proposition,  nor  prevent  a  sub- 
sequent proposition  simply  to  strike  out;  nor  shall  the  rejection 


52  PROCEEDINGS    OF    THE 

of  a  motion  simply  to  strike  out  prevent  a  subsequent  motion 
to  strike  out  and  insert. 

Rule  No.  36.  The  unfinished  business  on  which  the  Conven- 
tion was  engaged  at  its  last  adjournment  shall,  at  the  next 
meeting  of  the  Convention  of  the  same  day,  have  precedence  of 
all  other  business. 

Rule  No.  37.  After  a  question  has  been  once  put  and 
carried  in  the  affirmative  or  negative,  it  shall  be  in  order  for  a 
member  of  the  majority  to  move  for  a  reconsideration  thereof, 
at  any  time  within  two  days  thereafter  or  upon  giving  two  days' 
notice. 

Rule  No.  38.  When  motions  are  made  for  a  reference  of 
the  same  subject  to  a  Select  Committee  and  to  a  Standing  Com- 
mittee, the  question  of  reference  to  a  Standing  Committee  shall 
be  first  put. 

Rule  No.  39.  Upon  the  call  of  the  Convention  the  names  of 
representatives  shall  be  called  over  by  the  Secretary  and  the 
absentees  noted,  after  which  the  names  of  such  absentees  shall 
again  be  called  over.  The  doors  shall  then  be  closed  and  those 
for  whom  no  excuse  or  for  whom  an  insufficient  excuse  is  made, 
may,  by  the  order  of  those  present  (if  a  quorum),  be  taken  into 
custody  as  they  appear  or  may  be  sent  for  and  taken  into 
custody  wherever  found  by  the  Sergeant-at-Arms  of  the  Conven- 
tion. 

Rule  No.  40.  In  forming  a  Committee  of  the  Whole  the 
President  shall  leave  the  Chair  and  a  chairman  to  preside  in 
committee  shall  be  appointed  by  the  President. 

Rule  No.  41.  On  propositions  being  committed  to  Commit- 
tee of  the  Whole,  they  shall  be  first  read  throughout  by  the 
Secretary  and  then  again  read  and  debated  by  clauses,  leaving 
the  preamble  to  be  considered  last.  After  report  of  said  com- 
mittee the  proposition  shall  again  be  subject  to  debate  or  amend- 
ment before  a  vote  is  taken. 

Rule  No.  42.  The  rules  of  parliamentary  practice  comprised 
in  Cushing's  Manual  shall  govern  the  Convention  in  all  cases 
in  which  they  are  applicable  and  not  inconsistent  with  the 
standing  rules  and  orders  of  the  Convention. 

Rule  No.  43.  A  motion  to  commit,  until  it  is  decided,  shall 
preclude  all  amendments  and  debates  on  the  main  question,  and 
a- motion  to  postpone  indefinitely,  or  to  a  day  certain,  until  it 
is  decided,  shall  preclude  all  amendments  on^the  main  question. 

Rule  No.  44.  No  motion  or  proposition  on  a  subject  differ- 
ent from  that  under  consideration  shall  be  admitted  under  color 
of  amendment. 

Rule  No.  45.  No  rule  of  the  Convention  shall  be  altered, 
suspended  or  rescinded,  without  the  vote  of  two-thirds  of  the 
members  present. 

Rule  No.  46.  The  hours  of  meeting  shall  be  10  o'clock  a.  m. 
and  2  o'clock  p.  m.,  unless  otherwise  ordered. 


CONSTltl    i  IM\.\I.   .  ,,\\  I:\TIMN.  53 


Kule   No.    17.     Order  of  business  shall    In-  as 
1.      Pia  yer   by   I  lie  (  'liaplain. 

J.    <';illing  the  mil. 

KVading   I  lie  Jonni;il. 

4.  rommunicatic.ns  and  presentat  ions  of  petitions  and 
resolutions. 

."i.  rnf'mished  business  of  previous  (lav. 
r>.  Reports  from  Standing  (  'oiiimii  lees. 
7.  Reports  from  Select  Committees. 

s.  Any  oilier  business  not  prohibited  by  the  rules  of  the 
<  'onveiition. 

Rule  No.  48.  The  previous  question  shall  be  always  in 
<M  tier  and  shall  be  put  in  this  form:  Shall  the  main  question  be 
now  put?  and,  until  it  is  decided,  shall  preclude  all  amendments 
or  debate. 

Rule  No.  40.  When,  on  taking  the  previous  question,  the 
Convention  shall  decide  that  the  main  question  shall  not  now 
be  put,  the  main  question  shall  be  considered  as  remaining  under 
debate.  The  main  question  may  be  moved  by  any  member,  but 
a  majority  of  those  present  shall  be  necessary  to  order  the  main 
question. 

Rule  No.  50.    The  effect  of  the  main  question  being  ordered 
shall  be  to  put  an  end  to  all  debate  and  bring  the  Convention  to 
a  direct  vote,  first,  upon  all  amendments  reported  or  pending 
being  first  applied  to  the  amendment  last  moved,  and  on  the 
main  question. 

Rule  No.  .11.  After  the  motion  for  the  previous  question 
has  prevailed,  it  shall  be  in  order  to  move  a  call  of  the  Conven- 
tion prior  to  a  decision  of  the  main  question. 

Rule  No.  52.  The  Committee  on  Engrossment  shall  exam- 
ine all  articles  and  propositions  after  they  are  engrossed  and 
before  action  is  taken  thereon,  and  report  the  same  to  the  Con- 
vention when  correctly  engrossed. 

Rule  No.  53.  The  Committee  on  Enrollment  shall  examine 
all  sections  and  clauses  contained  in  the  Constitution  previous 
to  the  same  being  signed  by  the  members  of  the  Convention  and 
report  the  same  to  the  Convention  correctly  enrolled. 

Rule  No.  54.  Any  two  members  may  move  a  call  of  the 
Convention  and  a  majority  of  those  present  may  require  absent 
members  to  be  sent  for,  but  a  call  of  the  Convention  cannot  be 
made  at'ier  the  voting  has  commenced,  ami  the  call  of  the  Con- 
vention  being  ordered,  and  the  absence  noted,  the  doors  shall  be 
Hosed  and  no  member  permitted  to  leave  the  room  until  the 
report  of  the  Sergeant  at  Arms  be  received  and  acted  upon,  or 
further  proceedings  in  the  call  be  suspended  by  a  two-thirds 
vote  of  the  members  presenti 

Rule  No.  55.  A  second  shall  not  be  required  in  making  a 
motion  offering  a  resolution  or  proposition  in  this  Convention. 


54  PROCEEDINGS    OF    THE 

Rule  No.  56.  Resolutions  relating  to  the  subject-matter  01 
the  Constitution,  giving  rise  to  debate,  shall  lie  over  one  day 
before  being  acted  upon,  if  upon  their  introduction  any  member 
shall  give  notice  of  a  desire  to  discuss  the  proposition  therein 
contained. 

Rule  No.  57.  No  committee  shall  sit  during  the  daily  ses- 
sion of  the  Convention  unless  by  special  leave. 

Rule  No.  58.  In  case  of  the  absence  of  the  President  the 
Convention  shall  elect  a  President  pro  tern. 

Rule  No.  59.  All  petitions,  memorials  and  resolutions  of  a 
public  character  shall,  upon  their  introduction,  be  read  in  full 
and  thereupon  be  laid  upon  the  table,  unless  otherwise  ordered 
by  the  Convention. 

Rule  No.  60.  All  so-called  substitute  motions  and  resolu- 
tions shall  be  considered  as  amendments  only,  and  shall  be  sub- 
ject to  the  rules  relating  thereto,  except  such  matters  as  may 
be  reported  by  committee. 

Rule  No.  61.  There  shall  be  a  Standing  Committee,  to  con- 
sist of  five  members  (of  which  the  President  shall  be  ex-officio 
a  member),  on  rules. 

Rule  No.  62.  All  rules  heretofore  adopted  are  hereby  sus- 
pended and  all  restrictions  and  orders  inconsistent  with  these 
rules  are  hereby  rescinded. 

WILLIAM  R.  KENNEDY, 
Chairman  Committee  of  the  Whole. 

Mr.  Kennedy  moved  that  the  report  of  the  Committee  of  the 
Whole  be  made  the  special  order  for  two  o'clock  this  afternoon, 
which  was  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
two  o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Hurd,  Lee,  Meyer,  Pease 
and  Wells. 

The  President  announced  as  the  business  first  in  order,  the 
consideration  of  the  report  of  the  Committee  of  the  Whole  on 
the  report  of  the  Committee  on  Order  of  Business  and  Rules. 

Mr.  Bromwell  moved  that  the  report  of  the  Committee  of 
the  Whole  be  adopted,  which  was  agreed  to. 

Mr.  Crosby  offered  the  following  resolution,  and,  on  motion 
of  Mr.  Kennedy,  it  was  adopted. 

Resolved,  That  100  copies  of  the  rules  of  the  Convention 
be  published  in  pamphlet  form  for  the  use  of  the  members,  to 
which  shall  be  added  the  Enabling  Act,  a  list  of  the  committees 


CONS  I  IT!     1  I<>\  A  I.    (  u\  Vi:\T!<)N.  55 

of  llic  ronventioi!.  Hie  names  of  tin-  members  arrangrd  in  Un- 
order of  their  iv|iros«'iiiative  districts,  with  their  postoffice  ad- 
dret 

On  motion  of  .Mr.  Felton,  the  report  of  the  ( 'ommii  te<-  of  tin- 
Whole  on  order  of  business  and  rules  was  ordered  to  be  en- 

^«'d. 

Mr.  Kennedy  offered  the  following  resolution,  which  \v;is  re- 
ferred to  the  Committee  on  Public  and  Private  Corporations. 

Resolved,  That  no  railroad,  railway  or  other  transportation 
company  shall  grant  free  passes  or  passes  at  a  discount  to  any 
person  except  officers  and  employes  of  the  company. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
f erred  to  the  Committee  on  Executive  Department: 

Resolved,  That  the  Executive  and  Administrative  Depart 
ment  shall  consist  of  a  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  who  shall  be  Ex-officio  State  Auditor;  Treasurer, 
Attorney  General,  Superintendent  of  Public  Instruction,  who 
shall  be  Ex-officio  State  Librarian,  who  shall  be  chosen  by  the 
electors  of  the  State  at  the  time  of  holding  the  general  election 
to  be  held  every  two  years,  and  who  shall  hold  their  offices  for 
two  years  from  the  first  Monday  of  January  after  their  election, 
and  until  their  successors  are  elected  and  qualified,  except  those 
first  elected,  who  shall  enter  upon  the  duties  of  their  respective 
office  [offices]  at  the  time  provided  by  the  Constitution  of  the 
State  of  Colorado. 

Resolved,  That  the  officers  chosen  shall  receive  for  their 
services  a  compensation  which  shall  be  neither  increased  nor 
diminished  during  the  term  for  which  they  shall  be  elected,  as 
follows: 

The  Governor  shall  receive  the  sum  of  two  thousand  dollars 
per  year. 

The  Lieutenant  Governor  the  sum  of  one  thousand  dollars 
per  annum. 

The  Secretary  of  State  shall  receive  the  sum  of  one  thousand 
five  hundred  dollars  per  annum. 

Treasurer  of  State,  the  sum  of  one  thousand  dollars  per 
annum. 

Superintendent  of  Public  Instruction,  one  thousand  dollars 
per  annum. 

The  Attorney  General,  fifteen  hundred  dollars  per  annum. 

The  President  appointed  the  Standing  Committee  on  Rules, 
as  follows: 

Messrs.  White,  Bromwell,  Marsh,  Webster  and  Stone. 

Mr.  James  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Education  and  Educational  Institu- 
tions: 

Resolved,  That  all  public  school  funds  shall  remain  in  the 
hands  of  the  County  Treasurer,  and  shall  be  disbursed  to  the 


56  PROCEEDINGS    OF    THE 

different  districts  by  warrant,  drawn  by  the  County  Superin- 
tendent of  Schools  upon  the  Treasurer. 

Mr.  Cooper  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Counties: 

Resolved,  That  the  Legislative  Assembly  of  this  State  shall 
have  power  to  remove  the  county  seat  of  any  county,  but  the 
removal  of  county  seats  shall  be  provided  for  by  general  laws, 
and  no  county  seat  shall  be  removed  unless  three-fifths  of  the 
qualified  voters  of  the  county  vote  therefor,  and  no  such  propo 
sition  shall  be  submitted  oftener  than  once  in  five  years. 

Mr.  Plumb  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Revenue  and  Finance: 

Resolved,  That  no  person  who  shall  be  in  default  as  col- 
lector or  custodian  of  money  or  property  belonging  to  the 
State  of  Colorado  or  any  county,  road  or  school  district,  shall 
be  eligible  to  any  office  of  public  trust  in  this  State  during  the 
remainder  of  their  residence  in  this  State. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10:00  o'clock  a.  m.,  to-morrow. 


CONSTI  i  i    PIONAL    <<  >\  \  I:\TION.  57 


THTRSDAY.  JAM   ARY  H,   lS7(i,   10:00  O'CLCM 'K    A.   M. 

Convention   met    j.n  rsiian  I    to  adjournment. 
I 'rayer  was  otrered  by  the  Rev.  Mr.  Adams. 

Roll    calkd. 

Absent — Messrs.   Marela,  Pease.  Rockwell  and  Webster. 

The  Journal  was  partially  read,  when  Mr.  Can-  moved  that 
ihe  further  reading  of  the  Journal  be  dispensed  with. 

A  division  being  called  for  on  the  question,  it  was  decided 
in  I  IK-  negative — Ayes  9,  noes  20.  So  the  motion  of  Mr.  <'arr 
u  as  not  agreed  to. 

Mr.  Felt  on  moved  that  the  reading  of  so  much  of  the 
Journal  as  contained  the  report  of  the  Committee  of  the  Whole 
on  Older  of  Business  and  Rules,  be  dispensed  with  until  the 
rules  are  printed,  which  was  agreed  to. 

Thereupon,  the  remaining  portion  of  the  Journal  was  read 
and  approved. 

Messrs.  Rockwell  and  Webster    appeared    and    took    their 

seats. 

On  motion  of  Mr.  Bromwell,  leave  was  granted  to  Mr. 
Meek  to  read  a  communication  which  had  been  directed  to  him 
personally  by  Mr.  J.  J.  Cranmer,  of  Nederland,  Boulder  County, 
on  the  subject  of  the  Constitution. 

Thereupon,  Mr.  Beck  read  the  communication,  and  moved 
that  it  be  referred  to  the  Committee  on  Legislature  and  Legisla- 
tion. 

Mr.  Carr  moved  that  the  communication  be  referred  to  the 
Committee  on  Miscellaneous  Subjects. 

Mr.  Marsh  moved  that  the  communication  be  referred  to  the 
Committee  on  Cougressional  and  Legislative  Apportionments. 

And  the  question  being  on  Mr.  Beck's  motion  to  refer  to  the 
Committee  on  Legislature  and  Legislation,  and  a  division  being 
called,  it  was  decided  in  the  affirmative — ayes  17,  noes  16. 

So  the  communication  was  referred  to  the  Committee  on 
Legislature. 

Mr.  James  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Mines  and  Mining: 

Resolved,  That  wrhereas,  for  ten  years  past  the  National  Gov- 
'•rnment  has  supported  a  Bureau  of  Mining  Statistics,  whose 
province  it  was  to  prepare  an  annual  report  on  the  condition 
of  the  gold  and  silver  mining  industry.  During  the  first  two 
years  of  its  existence  the  bureau  was  in  charge  of  the  Hon.  J. 
R.iss  Mrowne  and  during  the  last  eight  under  Mr.  R.  W.  Ray- 
mond. The  publications  of  this  commission  are  well  known  all 
over  the  west,  and,  being  prepared  by  men  of  known  ability,  are 


58  PROCEEDINGS    OF    THE 

highly  valued,  not  only  by  Americans  interested  in  our  mines, 
but  by  foreigners.  It  is  quite  likely,  owing  to  the  disposition  of 
the  Congress  now  assembled  to  cut  down  every  expenditure  pos- 
sible, that  this  commission  will  not  be  renewed  for  1876,  and 
the  report  for  1875,  now  in  course  of  preparation,  will  be  the 
last  of  the  series.  As  it  has  been  proven  by  the  great  demand 
for  these  reports  that  they  are  considered  most  valuable  to  the 
growth  of  the  mining  industry,  it  should  be  the  aim  of  the  mem- 
bers of  this  Convention  to  supply  their  place  by  a  State  commis- 
sion, whose  work  should  be  of  a  similar  nature  to  that  of  the 
National  one,  confining  its  labors,  of  course,  only  to  the  State 
of  Colorado.  Almost  every  State  in  the  Union  has  its  geologist, 
whose  province  it  is  to  report  each  year  on  the  work  done  in 
mining  and  the  discoveries  in  kindred  branches.  Sometimes 
this  office  is  confined  merely  to  geological  affairs,  and  at  others 
to  the  general  growth  of  the  mining  industries.  I  would  sug- 
gest, therefore,  the  formation  of  an  office,  to  be  known  as  the 
Colorado  Commissioner  of  Mines  and  Geology,  to  be  filled  by 
one  officer  appointed  by  the  Governor  and  to  be  completely  a 
non-political  appointment,  the  duties  of  this  officer  to  be  the 
preparation  of  an  annual  report  on  the  condition  of  the  mines 
of  gold  and  silver,  copper,  lead,  coal,  iron  and  the  various  other 
minerals  so  abundant  in  Colorado,  to  prepare  an  official  state- 
ment of  the  production  and  growth  of  this  industry,  and  to  be 
ready  at  all  times  to  furnish  to  inqyirers  correct  information  of 
the  technical  nature  of  our  mines.  No  report  of  this  kind  hav- 
ing ever  been  made  on  Colorado,  the  first  one  (that  for  1876) 
would  necessarily  be  more  voluminous  than  any  subsequently 
made,  as  it  should  embrace  a  history  of  the  discovery  of  the 
precious  metals  in  this  State  and  the  rise  and  growth  of  this 
industry;  and  there  should  be  an  appropriation  made  to  defray 
the  cost  of  such  a  report  and  publish  an  edition  of  at  least  1,500 
copies.  After  the  first  year  the  commission  could  be  carried  on 
at  a  much  less  cost  than  that  of  1876.  That  such  a  bureau  would 
be  of  immense  advantage  to  the  State  is  not  to  be  doubted,  if  it 
is  carried  on  in  a  manner  worthy  of  the  work. 

Mr.  James  offered  the  following  resolution: 

Resolved,  That  the  Executive  Committee  be  instructed  to 
create  such  an  office. 

Mr.  Bromwell  moved  to  amend  the  resolution  bv  striking 
out  all  after  the  word  "to"  and  inserting  the  words  "inquire  and 
report  as  to  the  expediency  of  creating  the  office  of  Commis- 
sioner of  Mines  and  Geology." 

Which  amendment  was  accepted  by  Mr.  James. 

Thereupon  the  resolution  so  amended  was  adopted. 

Mr.  Wilcox  offered  the  following  resolutions,  which  were 
referred  to  the  Committee  on  Legislature  and  Legislation: 


CONSTI-I  i    I  luNAL    CONVEN  1I<>.\.  59 

LEGISLATURE, 

!.  That  the  legislative  powers  of  the  State  shall  be 
\<  >i(  (1  in  n  Senate  and  House  of  Representatives,  which  shall  be 
called  the  Legislative  Assembly;  the  enacting  clause  of  all  bills 
shall  be:  The  Si  ah-  of  Colorado,  represented  in  the  Legislative 
Ass.-mblv.  enact  as  follows:  and  no  laws  shall  be  enacted  except 

by    hill. 

Resolved,  That  the  Senate  shall  consist  of  thirteen  members, 
and  the  House  of  Representatives  of  twenty-six  members,  which 
respective_  members  may  be  increased  no  more  than  one-third 
after  the  year  A.  D.  1880,  and  each  six  years  thereafter,  until 
the  whole  number  shall  reach  twenty-nine  in  the  Senate  and 
sixty-nine  in  the  House  of  Representatives,  which  respective 
members  shall  in  no  case  be  exceeded;  members  of  the  Senate 
and  House  of  Representatives  shall  not  be  under  twenty-five 
years  of  age,  and  they  shall  be  elected  at  a  regular  annual  elec- 
tion by  the  electors  of  the  respective  counties  or  districts  in 
which  the  State  may  be  from  time  to  time  divided. 

Resolved,  That  no  person  shall  be  a  member  of  the  Legisla- 
tive Assembly  whc  is  not  at  the  time  of  his  election  a  citizen  of 
the  United  States  and  a  resident  in  and  a  qualified  voter  in  the 
county  and  district  for  which  he  is  elected. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Legislature  and  Legislation: 

Resolved,  That  no  local  or  special  bill  shall  be  passed  unless 
[upon]  previous  notice  of  the  intention  to  apply  therefor;  and,  if 
the  general  object  thereof  shall  have  been  previously  given,  that 
the  Legislature  shall  from  time  to  time  prescribe  the  time  and 
mode  of  giving  such  notice. 

Mr.  Cooper  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Public  and  Private  Corporations: 

Resolved,  That  railroads  heretofore  constructed  or  that  may 
hereafter  be  constructed  in  this  State  are  hereby  declared  pub- 
lic highways,  and  railroad  companies  common  carriers.  The 
Legislature  shall  pass  laws  to  correct  abuses  and  prevent  unjust 
discrimination  and  extortion  in  rates  of  freight  and  passenger 
tariffs  on  the  different  railroads  in  this  State;  and  shall  from 
time  to  time  pass  laws  establishing  reasonable  maximum  rates 
of  charges  for  the  transportation  of  passengers  and  freight  on 
said  railroads,  and  enforce  the  same  by  adequate  penalties. 

Also,  the  following,  which  was  referred  to  the  same  com- 
mittee: 

Resolved,  That  no  discrimination  in  charges  or  facilities  in 
transportation  shall  be  made  between  transportation  companies 
and  individuals,  or  in  favor  of  either  by  abatement,  drawback  or 
otherwise,  and  no  railroad  company  or  any  lessee,  manager  or 
employe  thereof  shall  make  any  preference  in  furnishing  cars  or 
motive  power. 


60  PROCEEDINGS    OF 'THE 

Mr.  James  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Kevenue  and  Finance: 

Resolved,  That  all  non-residents  and  corporations  shall  be 
taxed  equally  with  residents  on  all  bonds,  mortgages  and  trust 
deeds,  etc. 

Resolved,  That  the  Committee  on  Revenue  and  Finance  be 
instructed  to  prepare  and  report  to  this  Convention  an  article 
embracing  proper  and  reasonable  provisions  on  the  subject. 

Mr.  Clark  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Revenue  and  Finance: 

Resolved,  That  all  taxes  shall  be  uniform  on  the  same  class 
of  subjects  within  the  territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general  laws; 
but  that  public  property — used  for  public  purposes — actual 
places  of  religious  worship,  places  of  burial  not  used  or  held  for 
private  or  corporate  profit,  property  owned  by  colleges,  acade- 
mies or  other  institutions  of  learning  not  used  for  private  gain, 
institutions  of  public  charity  and  hospitals  shall  be  exempted 
from  taxation,  and  none  other. 

Mr.  Clark  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Judiciary- 
Resolved,  That  the  Supreme  Court  shall  make  general  rules 
establishing,  modifying  and  simplifying  the  practice  in  such  and 
in  the  District  Courts,  and  may  alter  and  amend  the  same  from 
time  to  time;  the  Legislature  shall  as  far  as  practicable  abolish 
all  distinctions  between  law  and  equity  proceedings. 

Resolved,  That  the  right  of  trial  by  jury  shall  remain  in- 
violate. A  lawful  jury  may  consist  of  six  or  twelve  men.  In 
cases  of  a  jury  of  twelve  men  a  majority  shall  be  required  to 
render  a  verdict,  but  in  case  of  a  jury  of  six  men  a  unanimous 
verdict  shall  always  be  required.  In  trials  before  Justices  of  the 
Peace  a  jury  shall  consist  of  six  men. 

Resolved,  That  any  person  convicted  of  crime  for  which  the 
penalty  or  judgment  of  the  court  is  imprisonment  in  the  peniten- 
tiary, that  after  said  criminal  shall  have  served  out  the  term  for 
which  he  was  sentenced  it  shall  be  held  sufficient  and  final  pun- 
ishment under  .said  judgment  for  that  offense,  and  that  he  shall 
not  thereafter  be  harassed  with  disfranchisement  or  other  po- 
litical disabilities,  but  shall  be  restored  to  all  the  rights  and 
privileges  of  other  persons  in  the  State. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Revenue  and  Finance: 

Resolved,  That  property  shall  be  assessed  for  taxes  under 
general  laws  and  by  uniform  rules,  according  to  its  true  value  in 
every  respect,  and  to  apply  to  both  real  and  personal  property. 

Mr.  Douglas  offered  the  following  resolution,  which  wras  re- 
ferred to  the  Committee  on  State  Institutions  and  Buildings: 

Resolved,  That  the  several  grants  of  land  made  by  the  United 
States  to  this  State,  when  located  bv  proper  authority,  shall  be 


.  ON8  i  in    rioNAi.   CONVENTION, 


lirlil  as  separate  ;in<l  distinct    Irnsls.  I  In-  proceeds  of  which  shall 
I..-  faithfully  applied   to  the  objects  specified  in  said  -ranis. 

Mi.    Lee   offered    the    following   resolutions.    which    were   re- 
ferred  In  Ihr  Committee  (HI   State,  Comity  and    .Mlllliri|i;il    Ilidel.l 


Resolved,  Thsil  the  voting  of  bonds  is  wrong  in  principle 
and  iinconsiinnional.  and  lhal  they  should  not  be  voted  in  any 
Instance. 

Kesolved,  Thai  nonr  but  taxpayers  should  br  entitled  to 
vote  any  tax  on  the  people  of  Colorado. 

Also,  the  following,  which  was  referred  lo  the  Commit  lee 
on  Rights  of  Suffrage  and  Klections: 

Resolved,  That  no  distinction  should  be  made  as  to  sex  in 
extending  the  right  of  franchise  to  the  citizens  of  our  new  State. 

Mr.  Carr  offered  the  following  resolution,  and  on  his  own 
motion  it  was  referred  to  the  Committee  on  Education  and  Edu- 
cational  Institutions,  with  instructions  to  said  committee  to 
embody  in  their  report  a  clause  or  section  containing  such  pro- 
vision: 

Resolved,  That  the  Legislature  at  its  first  session,  or  as  soon 
thereafter  as  possible,  shall  pass  such  laws  as  will  require  the  at- 
tendance on  the  public  (schools')  of  this  State  of  all  persons  be- 
tween the  ages  of  six  and  sixteen  years  for  the  period  of  at  least 
three  months  during  each  and  every  year.  Provided,  That  when 
any  such  person  shall  be  shown  to  have  received  regular  instruc- 
tion from  any  qualified  private  teacher  for  said  period  of  time 
during  each  and  every  year,  they  shall  be  exempted  from  the 
operation  of  the  laws  contemplated  by  this  section. 

Mr.  Bromwell  offered  the  following  resolutions  and  moved 
that  they  be  adopted: 

Resolved,  That  the  Constitution  should  contain  a  provision 
continuing  and  making  effectual  the  provision  of  our  statute  for 
the  determination  of  the  rates  of  charges  upon  water  furnished 
for  irrigation  by  the  County  Commissioners,  and  that  suitable 
provision  be  made  in  the  Constitution  for  the  continuance  of 
said  power  in  the  county  board  in  case  of  any  change  by  law 
in  the  organization  of  counties  or  of  county  boards. 

Resolved,  That  the  Committee  on  Irrigation  be  instructed 
to  prepare  and  report  a  proper  section  or  sections  fixing  the 
principal  features  of  the  mode  of  determining  and  adjusting 
such  rates  or  water  charges  by  the  county  boards,  so  as  to  ef- 
fectually protect  the  rights  of  the  parties  furnishing  and  of 
those  consuming  water  for  agricultural  and  mining  purposes. 

On  motion  of  Mr.  Rockwell,  the  resolutions  were  ordered 
print  (H!  and  made  the  special  order  for  Monday  next  at  2  o'clock 
p.  in. 

Mr.  Kennedy  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  Officers  and  Oath  of  Office: 


62  PROCEEDINGS    OF    THE 

Resolved,  That  Senators,  Representatives  and  all  judicial, 
State  and  county  officers  shall  before  entering  on  the  duties  of 
their  respective  offices  take  and  subscribe  the  following  oath  or 
affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  obey 
and  defend  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  this  commonwealth,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  that  I  have  not  paid  or  con- 
tributed, or  promised  to  pay  or  contribute,  either  directly  or  in- 
directly, any  money  or  other  valuable  thing  to  procure  my  nomi- 
nation (or  appointment)  except  for  necessary  and  proper  ex- 
penses expressly  authorized  by  law;  that  I  have  not  knowingly 
violated  any  election  laws  of  this  State,  or  procured  it  to  be 
done  by  others  in  my  behalf;  that  I  will  not  knowingly  receive, 
directly  or  indirectly,  any  money  or  other  valuable  thing  for  the 
performance  or  non-performance  of  any  act  or  duty  pertaining 
to  my  office,  other,  than  the  compensation  allowed  by  law. 
The  President  presented  the  following  communication: 

Denver,  January  5,  1876. 

Hon.  J.  C.  Wilson,  President  Constitutional  Convention,  Den- 
ver: 

Dear  Sir — I  am  directed  by  the  board  of  direction  of  the 
Denver  Library  Association  to  tender  to  your  members  the 
privileges  of  our  rooms  during  your  session.  Enclosed  you  will 
find  tickets  for  each  member. 

Hoping  you  will  find  our  books  and  newspapers  of  value, 
I  am,  Respectfullv, 

WM.  D.  TODD, 

President. 

On  motion  of  Mr.  White  the  invitation  was  accepted  and 
the  thanks  of  the  Convention  tendered  to  the  Library  Associa- 
tion. 

Mr.  Cooper,  Chairman  of  Committee  on  Enrolling  and  En- 
grossing, presented  the  following  report: 

Denver,  January  6,  1876. 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — Your  Committee  on  Engrossment  beg  leave  to 
report  that  they  have  compared  the  engrossed  copy  of  the 
standing  rules  of  the  Convention  with  the  original  and  find  it 
correctly  engrossed. 

(Signed)  A.  D.  COOPER, 

Chairman  of  Committee. 

Mr.  Beck  moved  that  the  report  from  the  Standing  Commit- 
tee on  Enrolling  and  Engrossing  be  referred  to  the  Committee 
on  Rules,  with  instructions  to  rearrange  and  number  the  rules 


CONSTITUTIONAL    CON  \  KN1K  »\  .  63 

printing  the  same,  so  that  those  relating  to  the  same  sub- 
j« «  i  ni niter  may  be  grouped  together,  which  was  agreed  to. 

Mr.  rarr.  rlminium  of  the  Select  Committee  on  tin*  prcpara 
tion  of  a  memorial  to  Congress,  presented  the  following  n-pm-i : 

Denver,  January  6,  1876. 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — Your  committee,  to  whom  was  referred  the  mat- 
ter of  preparing  a  memorial  to  the  Congress  of  the  United 
States  asking  an  appropriation  for  the  purpose  of  defraying  the 
expense  of  this  Convention,  respectfully  present  the  following 
as  their  report: 

To  the  Honorable  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  Assembled: 
The  memorial  of  the  Convention  assembled  for  the  pur- 
pose of  framing  a  Constitution  for  the  State  of  Colorado  re- 
spectfully represents  that  under  and  by  virtue  of  an  act  of  Con- 
gress approved  March  3,  A.  D.  1875,  entitled,  "An  act  to  Enable 
the  People  of  Colorado  to  Form  a  Constitution  and  State  Gov- 
ernment," &c.,  the  members  of  this  Convention  were  elected  and 
have  duly  assembled  at  Denver,  in  said  Territory,  and  are  now 
engaged  in  the  work  for  which  they  were  so  elected  under  said 
(act);  that  said  (act)  fixed  the  number  of  representatives  and  it 
was  and  is  out  of  the  power  of  said  Territory  to  dimmish  said 
number  or  provide  any  other  mode  of  framing  such  Constitution 
than  that  specified  in  said  law. 

That  by  an  act  of  Congress  entitled,  "An  Act  Making  Ap- 
propriations for  the  Legislative,  Executive  and  Judicial  Ex- 
penses of  the  Government  for  the  Fiscal  Year  Ending  June  30, 
1876,  and  for  Other  Purposes,"  approved  March  3,  1875,  the  fol- 
lowing sums  and  no  more  were  appropriated  for  the  legitimate 
expenses  of  said  Territory,  to  wit : 
For  per  diem  and  mileage  of  members  and  per  diem  of 

officers    $13,000 

For  printing  4,000 

For  rent  of  halls  and  rooms 600 

For  fuel,  lights  and  incidentals 1,800 

Total    $19,400 

Which  amount  is  all  that  now  remains  in  the  hands  of  the 
Territorial  Secretary  for  the  payment  of  the  legislative  ex- 
penses, all  prior  appropriations  for  that  purpose  having  been 
exhausted. 

That  said  amount  is  barely  sufficient  to  defray  the  ex- 
penses of  the  Legislative  Assembly  now  about  to  convene,  leav- 
ing no  funds  which  can  be  applied  to  the  purpose  of  defraying 
the  expenses  of  this  Convention.  So  that  this  body  is  now  sit- 
ting without  any  means  whatever  of  meeting  even  ordinary 


64  PROCEEDINGS    OF    THE 

contingent  expenses,  to  say  nothing  of  the  compensation  of  its 
members  and  officers,  while  the  Convention  has  no  power  in  any 
way  to  raise  funds  for  any  purpose. 

Your  memorialists  further  show  that  the  Territory  of  Colo- 
rado is  of  great  extent,  embracing  more  than  one  hundred  and 
five  thousand  square  miles,  being  over  three  hundred  miles  from 
north  to  south  and  near  four  hundred  miles  from  east  to  west, 
traversed  by  numerous  ranges  of  snow-covered  mountains,  many 
of  them  passable  only  at  widely  separated  points,  so  that  many 
of  the  members  are  obliged  to  travel  from  four  hundred  to  ten 
hundred  and  sixty  miles,  crossing  several  ranges  of  mountains 
at  the  line  of  perpetual  snowr,  in  coming  to  and  returning  from 
this  Convention,  while  the  labor  and  expense  of  such  journey 
are  enhanced  to  more  than  fourfold  that  which  wTould  attend 
journeys  of  like  distances  in  the  older  States  by  reason  of  the 
want  of  suitable  means  of  conveyance  through  such  wide  and 
unimproved  regions. 

At  the  same  time,  the  great  extent  of  territory  and  the 
diverse  character  of  the  productions  and  industries  of  the  dif- 
ferent portions  thereof  give  rise  to  varied  and  complicated  in- 
terests which  must  be  of  vital  importance  in  the  future  and 
which  should  be  carried  forward,  or  the  welfare  of  the  great 
State  we  purpose  to  establish  will  be  seriously  jeopardized. 

On  this  account,  the  Convention  is  called  upon  to  exercise 
great  deliberation  in  its  work,  which  must  be  thoroughly  done 
in  order  to  effect  the  intention  of  the  law  of  your  honorable 
body  which  called  us  to  act  in  this  responsible  capacity. 

As  this  Convention  is  wholly  the  creature  of  the  Congress 
of  the  United  States  and  is  now  engaged  in  carrying  out  in  part 
the  wise  purposes  of  the  National  Government  in  building  up 
free  and  self-supporting  States  in  this  great  central  region  of 
the  continent,  your  memorialists  feel  they  may  justly  expect 
that  the  request  herein  made  will  be  readily  granted. 

In  consideration  of  the  premises  and  in  view  of  the  im- 
portant and  complicated  interests  confided  to  this  convention 
and  of  the  length  of  time  it  may  require  to  complete  the  work 
with  which  it  is  charged  by  the  act  aforesaid,  your  memorial- 
ists pray  that  your  honorable  body  will  enact  a  law  appropri- 
ating the  sum  of  forty  thousand  dollars  as  an  addition  to  the 
legislative  appropriation  for  this  Territory  for  the  purpose  of 
defraying  the  expenses  of  this  convention. 

Done  in  Convention  this  6th  day  of  January,  A.  D.  1876. 


*  President. 
Attest : 


Kespectfully  submitted, 

B.  L.  CARR, 
Chairman  of  the  Committee. 


CON81  in  TIC.NAI.   CONTENTION.  65 

On  motion  <>f  Mr.  Kennedy,  the  report  was  received. 

Mi.  Kennedy  moved  that  the  blanks  in  the  memorial  be 
tilled  by  inserting  the  words  forty  thousand. 

Mi-,  ftromwell  moved  to  amend  by  inserting  the  words  thirty 
thousand. 

And  i he  qiMsiion  In-ill"-  on  the  motion  of  Mr.  Kennedy,  and, 
;i  division  being  called,  it  was  decided  in  the  affirmative — ayes 
IT),  noes  12. 

So  the  motion  of  Mr.  Kennedy  was  agreed  to. 
On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrow.. 


66  PROCEEDINGS    OF    THE 


FRIDAY,  JANUARY  7,  1876,  10  O'CLOCK  A.  M. 

Convention  met,  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Frost. 

Roll  called. 

Absent — Messrs,  Barela,  Bromwell,  Hurd,  Pease,  Webster, 
White  and  Wheeler. 

The  Journal  of  preceding  day  was  read  and  approved. 

Messrs.  White,  Wheeler,  Hurd,  Bromwell  and  Webster  en- 
tered and  took  their  seats. 

Mr.  Felton  offered  the  following  resolution,  which  was  re- 
ferred to  Committee  on  Congressional  and  Legislative  Appor- 
tionment : 

Resolved,  That  the  Congressional  and  Legislative  Appor- 
tionment Committee  inquire  into  the  expediencey  of  apportion- 
ing the  State  so  that  each  county  shall  be  entitled  to  one  Sena- 
tor and  no  more.  Senators  to  be  elected  for  four  years,  the  term 
of  office  of  one-half  of  whom  shall  expire  every  two  years.  Rep- 
resentation in  the  House  of  Representatives  to  be  apportioned 
upon  a  ratio  of  five  hundred  votes,  taking  the  vote  of  September 
14,  1875,  as  the  basis  for  said  apportionment;  provided,  that 
each  county  shall  have  one  Representative. 

Mr.  Ebert  offered  the  following  preamble  and  resolution  and 
moved  that  it  be  referred  to  the  Committee  on  Forest  Culture: 

Whereas,  The  devastation  of  the  forests  in  Colorado  is  pro- 
gressing at  a  rapid  rate,  so  that  their  destruction  will  probably 
be  completed  before  another  generation  wrill  have  passed  away, 
and  thus  gradually  deprive  us  of  the  means  of  developing  the 
resources  of  the  natural  wealth  of  this  country  and  at  the  same 
time  diminish  the  chances  of  our  prosperity  and  progress  and 
expose  us  besides  to  many  other  dangers  and  discomforts;  and, 

Whereas,  It  would  be  an  unpardonable  mistake  in  a  wise 
government  not  to  provide  in  time  against  such  evils,  and  a 
shame  for  an  intelligent  people  to  look  with  indifference  upon 
such  a  prospective  calamity;  and, 

,  Whereas,  The  Government  of  the  United  "States,  sole  pro- 
prietor of  the  forests  of  Colorado,  except  some  comparatively 
small  portions  of  them,  is  not  able,  as  experience  has  shown,  to 
protect  them  from  being  destroyed;  and, 

Whereas,  The  people  of  this  Territory,  appreciating  the 
value  of  their  forests,  being  able  and  willing  to  take  care  of 
them  if  put  under  their  control ;  therefore. 

Resolved,  That  this  Constitutional  Convention  memorialize 
Congress  to  desist  from  the  present  policy  of  allowing  forest 
lands  to  be  entered  by  private  persons  and  to  place  all  those 
lands  in  the  mountains  not  sold  or  otherwise  disposed  of,  to- 


CONSTI'IT'I  ln\.\I.    CONVENTION.  67 

\\iili  one-fourth  of  all  the  public  lands  on  our  plains,  for 
i lie  purposes  of  forest  culiun-,  mid«-r  the  exclusive  control  of  the 
future  State  of  Colorado,  \vitli  such  provisions,  rules,  regula- 
lions  or  laws  as  will  HlVriually  jircvent  the  further  devastation 
of  them  and  bring  them  finally  into  a  flourishing  condition,  pro- 
vided that  the  same  do  not  interfere  with  the  development  of 
our  mining  interests. 

Resolved,  That  if  the  following  principles  should  be  em- 
bodied in  our  Constitution,  now  in  progress  of  being  framed,  for 
the  future  State  of  Colorado,  it  is  believed  it  would  greatly  in- 
lluence  Congress  to  transfer  the  control  of  the  forests  of  this 
Territory  to  the  future  State  of  Colorado.  Said  principles  would 
be  as  follows:  First — No  persons  shall  be  allowed  to  cut  on 
public  forest  lands  any  tree,  trees  or  bushes  without  having  first 
obtained  permission  from  and  entered  into  a  contract  with  such 
authorities  as  future  legislation  hereafter  may  establish,  and 
having  given  full  guarantees  of  a  strict  compliance  with  those 
conditions  contained  in  such  a  contract. 

Second — The  forests  shall  be  divided  into  districts  in  con- 
formity writh  the  boundary  lines  of  the  counties,  and  it  shall  be 
ascertained  in  each  of  them  the  quantity  of  the  yearly  increase 
of  wood  therein  as  near  as  possible,  and  under  no  circumstances, 
except  with  the  consent  of  the  State  Legislature,  shall  it  be  per- 
mitted to  cut  more  wood  in  any  such  districts  than  the  quantity 
of  such  increase  amounts  to. 

Third — Each  district  shall  be  provided  with  one  or  more 
nurseries,  which  shall  constantly  be  stocked  writh  such  a  quan- 
tity of  young  plants  as  may  seem  needed  for  replanting  vacant 
forest  ground. 

Fourth — Timber  or  bushes  growing  on  steep  slopes,  small 
ridges  or  high  plateaus  shall  not  be  cut  at  all,  except  with  the 
special  permission  of  the  Legislature. 

Fifth — The  price  of  wood,  or  the  license  to  (be)  paid  for 
cutting  timber,  shall  be  regulated  by  the  Legislature. 

Sixth — In  case  of  fires  breaking  out  in  the  forests,  all  pos- 
sible means  for  extinguishing  the  same  shall  be  promptly  em- 
ployed, and  the  Legislature  shall  not  only  enact  the  proper  laws 
for  this  purpose,  but  also  such  others  as  will  best  prevent  them 
from  originating. 

Seventh — Private  persons  cultivating  new  forests  at  their 
own  expense  shall  not  be  taxed  for  such  property  as  long  as  the 
taxes  [trees]  are  growing  thereon.  Private  forests  put  under  the 
general  control  of  the  State  and  submitted  to  its  rules  and 
regulations  for  the  management  of  them,  shall  also  be  exempt 
from  taxation. 

Eighth — There  shall  be  a  forest  bureau  established  for  the 
purpose  of  superintending  the  State  and  private  forests  under 
the  State  control,  to  gather  statistics  relative  to  forest  culture 
in  the  State  of  Colorado,  to  report  yearly  to  the  Legislature  on 


68  PROCEEDINGS    OF    THE 

all  subjects  important  and  interesting  to  the  administration  of 
those  forests,  to  give  information  on  all  subjects  connected  here- 
with, if  demanded  by  the  Legislature,  to  propose  laws  concern- 
ing the  forests  of  Colorado,  and  it  shall  keep  a  record  of  all  pro- 
ceedings. 

Mr.  Beck,  as  an  amendment,  moved  that  it  be  printed  and 
made  the  special  order  for  Tuesday  next  at  2  o'clock,  which  was 
agreed  to. 

Mr.  White  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Public  and  Private  Corporations: 

Resolved,  That  all  toll  roads  owned  and  controlled  by  spe- 
cially chartered  corporations  may  be  taken  and  converted  to  the 
use  of  the  public  in  the  discretion  of  the  several  counties  where- 
in such  roads  or  parts  of  roads  may  be  located,  upon  the  pay- 
ment of  just  compensation  to  such  corporations. 

Mr.  Stover  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Legislature  and  Legislation: 

Resolved,  That  the  State  does  agree  and  declare  that  it  for- 
ever disclaims  all  right  and  title  to  the  unappropriated  public 
lands  lying  within  the  limits  of  the  State,  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the 
United  States. 

Resolved,  That  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  the  State  shall  never  be  taxed  higher 
than  the  lands  belonging  to  residents  of  the  State,  and  that  no 
taxes  shall  be  imposed  by  the  State  on  lands  or  property  therein 
belonging  to  or  which  may  hereafter  be  purchased  by  the  United 
States. 

Mr.  Wells  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Forest  Culture: 

Resolved,  That  the  Committee  on  Forest  Culture  take  into 
consideration  the  propriety  of  an  article  providing  that  the  Leg- 
islative Assembly  enact  laws  to  prevent  the  destruction  of  for- 
ests growing  upon  the  public  or  private  lands. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Legislature  and  Legislation: 

LEGISLATURE. 

Resolved,  That  the  Legislature  shall  pass  no  special  act 
conferring  corporate  powrers,  but  they  shall  pass  general  laws 
under  which  corporations  may  be  organized  and  corporate  powr- 
ers  of  every  nature  obtained,  subject,  nevertheless,  to  repeal  or 
alteration  at  the  will  of  the  Legislature. 

Mr.  Clark  presented  the  following  petition  from  citizens  of 
Clear  Creek  County,  and  on  his  own  motion  it  was  referred  to 
the  Committee  on  Impeachment  and  Removal  from  Office: 

To  the  Members  of  the  Colorado  Constitutional  Convention : 
Gentlemen — Believing  that  the  public  interests  of  our  proposed 


CONSTITI  "I  |M\.\I.    <  '( >.\  VK  \  'I  I  <  >\  .  69 

Slate  of  Colorado  would  !><•  advanced  by  providing  in  its  Con- 
siitutinn  for  a  pure  and  just  administrat  ion  of  all  laws  made  l.\ 
virtue  i hereof,  we,  the  citizens  of  Clear  Creek  County,  in  the 
Territory  of  Colorado,  do  ask  and  pray  that  the  following  may 
lie  made  a  part  of  said  Constitution,  to  wit: 

IMPEACHMENT. 

Section  1.  The  Legislature  shall  provide  by  law  for  the 
impeachment  and  removal  of  State,  county  and  towynship  offi- 
cers in  such  a  manner  as  shall  be  a  speedy  means  of  so  doing 
for  each  county  in  the  State. 

Sec.  2.  The  causes  of  impeachment  shall  be:  First,  when 
ever  any  officer  shall  wilfully  perform  any  official  act  or  duty 
in  an  improper  manner  which  might  lawfully  have  been  done 
properly,  whereby  any  person,  company  or  body  politic  has  suf- 
fered injury;  second,  has  knowingly  failed  to  perform  any  act 
or  duty  wThich  ought  by  law  to  have  been  done  or  performed  by 
him,  whereby  any  person,  company  or  body  politic  has  suffered 
injury;  third,  has  received  illegal  fees  or  taken  a  bribe  or  has 
corruptly  done  or  failed  to  do  any  official  act  or  duty;  fourth, 
is  an  habitual  drunkard. 

Sec.  3.  The  Legislature  shall  provide  for  the  filling  of  all 
such  vacancies  by  appointment. 

Sec.  4.  The  judges  of  all  courts  of  record  shall  be  consid- 
ered State  officers  for  the  purpose  of  this  article.  Signed— 

C.  H.  FROESE.  GEO.  DENSMORE. 
L.  L.  CASE.  M.  H.  XEWVILLE. 
H.  A.  HASKINS.                       GEO.  E.  MARSH. 

T.  R,  RQBEM,  JAMES  H.  OSBORNE. 

JAS.  HAMPTON.  P.  D.  MOFFAT. 

L.  G.  TALMAGE,  J.  S.  GLAZE. 

Z.  H.  CHAPMAN.  CHAS.  A.  HASBROUCK. 

R.  B.  GLAZE,  M.  MANON. 

A.  A.  SMITH,  THOS.  G.  ROBERTS. 

JAS.  M.  TAYLOR.  JOHN  BURKHOLDER. 

D.  M.  OSTRANDER.  C.  M.  LELAND. 
CHARLES  M.  GILMORE.      J.  M.  CROTHERS. 
J.  M.  SMITH.  I. EL  P.  LEWIS. 
WM.  F.  HUNTER.  A.  B.  CLARK. 

W.  G.  DOUTHY.  H.   EDWARDS. 

GEO.  W.  McCLELLAN.  JOHN  BRUCE. 

H.   HOUSEN.  JOSIAH  BELL. 

WILLIAM  WILSON.  C.  H.  HURD. 

PROF.  R.  WEISER,  J.  H.  SHARP. 

GEO.  B.  HOLMES.  H.  H.  KULLENBUCK. 

D.  H.  SHERWOOD.  JAMES  HAFFEY. 
W.  B.  McCLURE.  L.  H.  ARTHUR. 

S.  CARTER.  H.  L.  BEARDSLEY. 

E.  M.  LOCKE.  J.  C.  WRIGHT. 


70  PROCEEDINGS    OP    THE 

H.  J.  EDWARDS.  THOMAS  OWENS. 

W.  H.  DOHERTY.  P.  C.  HALE. 

JOSIAH  POLGLAZE.  J.  J.  SALES. 

SILAS  ROSS.  D.  B.  RUNKLE. 

SAMUEL  MOELER.  ELIAS  SHERRY. 

DANIEL  S.  KOKER.  W.  J.  BRANGAN. 

H.  A.  CHOATE.  TIMOTHY  H.  CHASE. 

W.  H.  ROSS.  GEO,  GARNISH. 

J.  H.  WELLS.  A.  A.  PUGH. 

HENRY  OWENS.  C.  DOMINGUEZ. 

Mr.  Bromwell  offered  the  following  resolutions,  which  were 
adopted : 

Resolved,  That  every  officer  of  State,  county  or  precinct 
should  be  removable  on  impeachment  by  some  prompt  and  effec- 
tual mode  of  proceeding,  upon  sufficient  complaint  against  such 
officer,  for  malfeasance,  misfeasance  or  nonfeasance,  or  any 
crime  punishable  by  imprisonment,  for  acts  tending  to  bring  the 
office  into  disgrace,  or  for  being  under  bad  reputation  for  hon- 
esty, truthfulness  or  moral  behavior. 

Resolved,  That  the  Committee  on  Officers  and  Oath  of  Office 
be  instructed  to  inquire  into  the  expediency  of  providing  a  suit- 
able article  in  the  Constitution  for  this  purpose. 

Mr.  Bromwell  offered  the  following  resolution,  and  moved 
that  it  be  adopted: 

Resolved,  That  the  Committee  on  Mines  and  Mining  be  and 
they  are  hereby  instructed  to  prepare  and  report  suitable  sec- 
tions providing  for  the  proper  ventilation  of  all  mines  and  for 
the  safety  of  those  employed  in  them,  and  particularly  to  pro- 
vide for  safety  and  escape  in  coal  mines,  in  case  of  fire  or  explo- 
sion, and  for  protection  against  noxious  gases  therein. 

A  division  »being  called  for,  it  was  decided  in  the  affirma- 
tive. Ayes  24,  noes  3.  So  the  resolution  was  adopted. 

Mr.  Cooper  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Rights  of  Suffrage  and  Elections: 

Resolved,  That  any  person  who  wrhile  a  candidate  for  any 
office  shall  be-  guilty  of  bribery,  fraud  or  wilful  violation  of  any 
election  law,  shall  be  forever  disqualified  from  holding  any  office 
of  trust  or  profit  in  this  State,  and  any  person  convicted  of  will- 
ful violation  of  the  election  laws  shall,  in  addition  to  any  pen- 
alty provided  by  law,  be  deprived  of  the  right  of  suffrage  abso- 
lutely for  a  term  of  five  years. 

Mr.  Wells  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Bill  of  Rights: 

Resolved,  That  the  right  of  trial  by  jury  in  criminal  cases 
shall  remain  inviolable.  The  Legislature  may  provide  that  no 
jury  be  summoned  to  attend  statedly  in  any  court  for  the  trial 
of  issues  in  civil  cases,  and  that  the  fees  of  jurors  and  the  costs 
of  summoning  them  shall  not  be  made  a  public  charge,  but  shall 


CONSTITUTIONAL    (  ( »\  VKN  IM  ».\  .  71 

be  taxed  as  other  costs  are.  The  Legislature  may  provide  ihat 
in  actions  at  law  involving  matters  of  account,  the  court  wherein 
such  adion  is  pending  shall  have  power  at  any  time  to  discharge 
the  jury  and  appoint  some  fit  person  to  hear  the  evidence  and 
state  and  settle  the  account  between  the  parties  and  report  to 
the  court. 

Also,  the  following,  which  was  referred  to  the  same  com- 
mittee: 

Resolved,  That  all  accused  persons  ought  to  be  entitled  to 
bail  with  sufficient  sureties,  except  for  capital  offenses  where 
the  proof  is  evident  or  the  presumption  great,  but  where  any 
person  shall  have  forfeited  his  recognizance  or  other  undertak- 
ing of  bail,  the  court  wherein  such  accusation  is  pending  should 
have  power  to  commit  such  person  without  bail. 

Mr.  Ebert  offered  the  following  resolutions,  which  were 
referred  to  the  Committee  on  Revenue  and  Finance: 

Resolved,  That  all  church  property  shall  be  exempted  from 
taxation  to  the  amount  of  $5,000.00  and  no  more. 

Resolved,  That  all  institutions  of  learning  or  charity,  except 
those  maintained  at  public  expense,  shall  be  equally  taxed  with 
other  property. 

Mr.  Webster  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  Revenue  and  Finance: 

Resolved,  That  the  Legislature  of  the  State  of  Colorado  may 
contract  debts  to  supply  casual  deficits  or  failures  in  revenue, 
or  to  meet  expenses  not  otherwise  provided  for;  but  the  aggre- 
gate amount  of  such  debts,  direct  and  contingent,  shall  never 
exceed  two  per  cent  of  the  assessed  value  of  the  taxable  property 
of  the  State.  Provided,  however,  that  for  the  purpose  of  repel- 
ling invasion,  suppressing  insurrection  or  defending  the  State 
in  time  of  war,  the  Legislature  may  contract  such  additional 
debts  as  the  emergency  may  seem  to  require. 

Mr.  Plumb  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Public  and  Private  Corporations: 

Resolved,  That  every  stockholder  in  a  banking  corporation 
or  institution  shall  be  individually  responsible  and  liable  to  its 
creditors  over  and  above  the  amount  of  stock  by  him  or  her  held 
to  an  amount  equal  to  his  or  her  respective  shares  so  held  for 
all  its  liabilities  accruing  while  he  or  she  remains  such  stock- 
holder. 

Mr.  Wheeler  offered  the  following  resolutions,  and  moved 
that  they  be  referred  to  the  Committee  on  Education  and  Edu- 
cational Institutions: 

Resolved,  That  the  Legislature  shall  provide  from  time  to 
time  for  the  sale  of  lands  belonging  to  the  public  school  fund 
upon  such  time  and  terms  as  it  may  deem  expedient;  provided, 
that  in  cases  of  sale  the  preference  shall  be  given  to  actual  set- 
tlers, and  provided,  further,  that  the  Legislature  shall  have  no 


72  PROCEEDINGS    OF    THE 

power  to  grant  relief  to  purchasers  by  granting  further  time 
for  payment,  but  shall  in  all  cases  provide  for  the  forfeiture  of 
the  land  to  the  State  for  the  benefit  of  a  perpetual  school  fund, 
and  that  all  interest  accruing  upon  such  sales  shall  be  a  part 
of  the  income  belonging  to  the  school  fund  and  subject  to  appro- 
priation annually  for  educational  purposes. 

Resolved,  That  the  Legislature  shall  provide  for  the  protec- 
tion of  the  occupants  of  school  lands  who  settled  on  same  prior 
to  survey  and  in  good  faith  made  homestead  filings  under  in- 
structions of  the  Land  Office  eificials. 

Mr.  Carr  moved,  as  an  amendment,  that  the  resolutions  be 
printed  and  made  the  special  order  for  Wednesday  next  at  2 
o'clock  p.  m.,  which  was  agreed  to. 

Mr.  Bromwell  offered  the  following  resolutions,  and  on  his 
own  motion  they  were  ordered  printed  and  made  the  special 
order  for  Thursday  next  after  the  regular  order  of  business: 

Resolved,  That  the  government  [governmental]  powers  of 
the  State  are  inalienable  and  can  not  by  any  possibility  be  re- 
linquished, waived,  put  in  abeyance,  interrupted,  limited  or 
modified  by  any  legislative  act,  or  by  any  authority  whatever,  in 
favor  of  any  man  or  body  of  men;  still  less  can  they  be  sold, 
bartered,  assigned,  transferred  or  set  over  by  any  charter  so 
called,  contract,  compact  or  conspiracy  between  this  Legislature 
and  any  other  party. 

Resolved,  That  the  right  or  power  (which  in  government 
means  the  same  thing)  to  regulate  commerce  within  a  .State  hav- 
ing never  been  surrendered  tc  the  United  States,  but  being  ex- 
pressly reserved  to  the  people  of  the  several  States,  remains 
inherent  in  the  people  of  Colorado,  as  to  all  commerce  within 
the  State,  and  is  a  governmental  power  to  be  exercised  in  all 
proper  cases,  and  from  the  exercise  of  which  neither  the  Legis- 
lative, Executive  nor  Judicial  arm  of  the  Government  can  law- 
fully shrink. 

Resolved,  That  a  committee  of  five  members  be  appointed  to 
be  called  the  Committee  on  Commerce,  whose  duty  it  shall  be  to 
consider  and  report  to  this  Convention  what  are  the  rights  and 
powers  of  the  State  over  the  subject  of  commerce  within  the 
State,  as  to  regulating  the  shipment,  carriage,  warehousing  and 
delivery  of  merchandise  by  common  carriers  and  warehousemen 
upon  public  roads  and  roads  of  corporations,  and  in  and  from 
public  warehouses,  and  that  they  prepare  a  draft  of  an  article 
providing  for  the  exercise  of  such  legislative,  judicial  and  execu- 
tive powers  as  will  secure  the  regulation  of  charges  upon  pas- 
senger and  transportation  traffic  at  reasonable  and  just  rates 
in  all  cases  without  the  necessity  of  private  suits  in  order  to 
ascertain  such  reasonable  rates. 

Mr.  Carr  offered  the  following  resolution,  and  moved  that 
it  be  adopted: 


CONSTITUTIONAL    roN  VKNTloN.  73 

Resolved,  Thai  no  l;i\v  impairing  tin-  obligation  of  contracts 
or  weakening  t  lie  force  of  an  v  remedy  exist  ing  at  the  time  of  the 
execution  of  such  contracts  shall  ever  lie  passed. 

.Mr.  Wells  moved,  as  an  amendment,  that  the  resolution  be 
referred  to  the  Committee  on  Bill  of  Rights,  which  was  agreed  to. 

Mr.  Beck  moved  that  the  Committee  on  Printing  be  in- 
structed to  cause  one  hundred  copies  of  all  resolutions,  motions 
and  other  documents  ordered*  printed  for  the  use  of  the  Con- 
vention, except  where  a  different  number  is  provided  for. 

Mr.  Rockwell  moved  as  an  amendment  that  the  word  "one" 
be  stricken  out  and  the  word  "two"  inserted,  which  was  agreed 
to.  Thereupon  the  motion  of  Mr.  Beck  so  amended  was 
agreed  to. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Special  Com- 
mittee on  the  Preparation  of  Memorial  to  Congress  was  adopted, 
and  said  memorial  ordered  engrossed  and  forwarded  to  our  Dele- 
gate to  Congress  for  presentation. 

Mr.  Elder,  Chairman  of  Committee  on  Executive  Depart- 
ment, presented  the  report  of  that  committee,  and  on  motion  of 
Mr.  Carr  the  report  was  received. 

On  motion  of  Mr.  Kennedy,  the  report  was  ordered  printed 
and  the  consideration  thereof  made  the  special  order  for 
Friday  next  (January  llth,  1876),  at  11  o'clock  a.  m. 

Denver,  Colorado,  January  7th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Executive  Department,  to 
whom  was  referred  the  subject-matter  pertaining  to  that  branch 
of  the  Constitution,  beg  leave  to  state  that  they  have  had  the 
same  under  consideration  and  present  the  accompanying  article 
as  their  report.  All  of  which  is  respectfully  submitted. 

C.  P.  ELDER, 

Chairman. 
EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer  and  Superintendent  of  Public  Instruc- 
tion, each  of  whom  shall  hold  his  office  for  the  term  of  four 
years,  beginning  on  the  second  Tuesday  in  January  next  after 
his  election  and  until  his  successor  is  elected  and  qualified. 
With  the  exception  of  the  Lieutenant  Governor,  they  shall 
each  during  their  term  of  office  reside  at  the  seat  of  government; 
where  they  shall  keep  the  public  records,  books  and  papers, 
and  shall  perform  such  duties  as  are  prescribed  by  this  Con- 
stitution or  by  law. 

Sec.  2.  The  supreme  executive  power  of  the  State  shall 
be  vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Gov- 


74  PROCEEDINGS    OF    THE 

ernor  of  the  State  of  Colorado.     He  shall  take  care  that  the 
laws  are  carefully  executed. 

Sec.  3.  The  officers  named  in  section  one  of  this  article, 
with  the  exception  of  the  Superintendent  of  Public  Instruction, 
shall  be  chosen  on  the  day  of  the  general  election  by  the 
qualified  electors  of  the  State  at  the  place  where  they  shall 
vote  for  Representatives.  The  returns  of  every  election  for 
State  officers  shall  be  sealed  up  and  transmitted  to  the  Sec- 
retary of  State,  directed  to  the  Speaker  of  the  House  of  Repre- 
sentatives, who  shall  immediately  upon  the  organization  of  the 
House,  and  before  proceeding  to  other  business,  open  and  pub- 
lish the  same  in  the  presence  of  a  majority  of  the  members 
of  both  houses  of  the  General  Assembly,  who  shall  for  that 
purpose  assemble  in  the  House  of  Representatives.  The  persons 
[person]  having  the  highest  number  of  votes  shall  be  declared 
duly  elected  to  the  office  for  which  he  has  been  voted  for,  but  if 
two  or  more  be  equal  and  highest  in  votes,  one  of  them  shall 
be  chosen  to  the  office  by  the  joint  vote  of  both  houses.  Con- 
tested elections  for  the  said  offices  shall  be  determined  by  both 
houses  of  the  General  Assembly  by  joint  ballot  in  such  manner 
as  may  be  prescribed  by  law. 

Sec.  4.  The  Governor  and  all  civil  officers  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant  Governor  except  a  citizen  of  the  United  States 
and  the  State,  shall  have  attained  the  age  of  thirty  years  and 
has  been  an  inhabitant  of  the  State  for  three  years  next  pre- 
ceding his  election.  No  one  shall  be  eligible  to  the  office  of 
Secretary  of  State,  Auditor  of  State  or  State  Treasurer,  un- 
less he  shall  be  of  the  age  of  twenty-five  years  and  have  all  of 
the  other  qualifications  for  Governor  and  shall  have  been  a 
resident  of  the  State  for  two  years  next  preceding  his  elec- 
tion; nor  shall  any  one  be  eligible  to  the  office  of  Superintendent 
of  Public  Instruction  unless  he  shall  have  all  of  the  above  named 
qualifications  and  have  attained  the  age  of  thirty  years. 

Sec.  6.  The  Governor  shall  be  Commauder-in-Chief  of  the 
Military  forces  of  the  State  except  when  they  shall  be  called 
into  actual  service  of  the  United  States. 

Sec.  7.  The  Governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  the  Superintendent  of 
Public  Instruction.  He  shall  also  nominate  and  by  and  with 
the  consent  of  the  Senate  appoint  such  other  officers  of  the 
State  as  he  is  or  may  be  authorized  by  this  Constitution  or  by 
law.  He  shall  have  power  to  fill  vacancies  that  may  happen 
in  offices  to  which  he  may  appoint  during  the  recess  of  the  Sen- 
ate, by  granting  commissions  which  shall  expire  at  the  end  of 
their  next  session.  Should  a  vacancy  occur  during  the  session 
of  the  Senate  he  shall  nominate  to  the  Senate  before  its  final 
adjournment  a  proper  person  to  fill  said  vacancy,  but  in  any 


CONSTITUTIONAL    CONVK.NTION.  75 

rase  <»i  v:ic;mcy  in  ;in  clc(  live  office,  a  person  shall  be  chosen 
to  said  office  ;ii  the  next  election  for  members  of  the  General 
Assembly,  unless  the  vacancy  shall  happen  within  the  calendar 
months  [month]  immediately  preceding  such  election,  in  which 
case  the  election  for  said  office  shall  be  held  at  the  second  suc- 
ceeding election,  the  person  so  elected  to  serve  out  the  unexpired 
term.  In  acting  on  executive  nominations  the  Senate  shall  sit 
with  closed  doors. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction  for  all  offenses  ex- 
cept treason  or  impeachment,  but  he  shall,  in  every  case  where 
he  may  exercise  this  powtr,  send  to  the  General  Assembly,  at 
its  first  session  thereafter,  a  transcript  of  the  petition,  all 
proceedings  and  his  reasons  for  his  actions,  but  he  shall  in  no 
case  exercise  this  authority  except  upon  the  written  recom- 
mendation of  the  Lieutenant  Governor,  Secretary  of  State  and 
Superintendent  of  Public  Instruction,  or  a  majority  of  them, 
after  they  have  had  a  full  hearing  of  the  case  in  open  session, 
in  such  manner  as  may  be  prescribed  by  law.  In  every  case 
where  a.  pardon  has  been  granted  or  a  person  has  served  out  his 
full  term  of  punishment,  Le  shall  at  once,  without  further  ac- 
tion, be  invested  with  all  the  rights  and  privileges  of  a  citizen. 

Sec.  9.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  which  informa- 
tion shall  be  given  upon  oath;  he  may  also  require  information 
in  writing  at  any  time,  under  oath,  from  all  officers  and  man- 
agers of  State  institutions,  upon  any  subject  relating  to  the 
Condition,  management  and  expenses  of  their  respective  offices 
and  institutions,  and  any  such  officer  or  manager  who  shall 
make  a  false  report  shall  be  deemed  guilty  of  perjury  and 
punished  accordingly.  The  Governor  shall,  at  the  com- 
mencement of  each  session,  and  from  time  to  time  by  message, 
give  to  the  General  Assembly  information  of  the  condition  of 
the  State  and  shall  recommend  such  measures  as  he  shall  deem 
expedient.  He  shall  also  send  to  the  General  Assembly  a 
statement,  with  vouchers,  of  the  expenditures  of  all  moneys 
belonging  to  the  State  and  paid  out  by  him.  He  shall  also  at 
the  commencement  of  each  session  present  estimates  of  the 
amount  of  money  required  to  be  raised  by  taxation  for  all  pur 
poses  of  the  State. 

Sec.  10.  The  Governor  may,  on  extraordinary  occasions, 
convene  the  General  Assembly  by  proclamation,  stating  therein 
the  purposes  for  which  it  has  been  convened,  but  at  such  special 
sessions  no  business  shall  be  transacted  other  than  that  specially 
named  in  the  proclamation  by  which  it  was  convened.  He  may 
convene  the  Senate  in  extraordinary  session  by  proclamation 
for  the  transaction  of  executive  business. 

Sec.  11.  The  Governor,  in  case  of  disagreement  between 
the  two  houses  as  to  the  time  of  adjournment,  may,  upon  the 


70  PROCEEDINGS    OF    THE 

same  being  certified  to  Mm  by  the  house  first  moving  ad- 
journment, adjourn  the  General  Assembly  as  he  may  think 
proper,  but  in  no  case  for  a  longer  time  than  the  first  day  of 
the  next  regular  session. 

Sec.  12.  The  Governor  shall  have  power  to  remove  any 
officer  he  may  appoint  except  the  Superintendent  of  Public 
Instruction;  in  case  of  incompetency,  neglect  of  duty  or  mal- 
feasance in  office,  he  may  declare  his  office  vacant  and  fill  the 
same  as  herein  provided  in  other  cases  of  vacancy. 

Sec.  13.  Every  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he 
approves,  he  shall  sign  it,  and  thereupon  it  shall  become  a  law, 
but  if  he  do  not  approve,  he  shall  return  it,  with  his  objections, 
to  the  house  in  wrhich  it  shall  have  been  originated,  which 
house  shall  enter  the  objections  at  large  upon  its  Journal  and 
proceed  to  reconsider  the  bill;  if,  then,  two-thirds  of  the  mem- 
bers elected  agree  to  pass  the  same,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall  like- 
wise be  reconsidered,  and  if  approved  by  two-thirds  of  the 
members  elected  to  the  house,  it  shall  become  a  law,  notwith- 
standing the  objections  of  the  Governor.  But  in  all  such  cases 
the  vote  of  each  house  shall  be  determined  by  yeas  and  noes,  to 
be  entered  upon  the  Journal.  If  any  bill  shall  not  be  returned 
by  the  Governor  within  two  days  after  it  shall  have  been  pre- 
sented to  him  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  General  Assembly  shall,  by  their  ad- 
journment prevent  its  return,  in  which  case  it  shall  be  filed 
with  his  objections  in  the  office  of  the  Secretary  of  State  within 
thirty  days  after  such  adjournment,  or  else  become  a  law. 

Sec.  14.  The  Governor  shall  have  powrer  to  disprove  [dis- 
approve] of  any  item  or  items  of  any  bill  making  appropriations 
of  money  embracing  distinct  items  and  the  part  or  parts  of  the 
bill  approved  shall  be  law  and  the  item  or  items  of  appropria- 
tions disapproved  shall  be  void;  if  the  General  Assembly  shall 
be  in  session  he  shall  transmit  to  the  house  in  which  the  bill 
originated  a  copy  of  such  statement,  and  the  items  objected  to 
shall  be  separated,  reconsidered  and  each  item  shall  then  take 
the  same  course  as  is  prescribed  for  the  passage  of  bills  over  the 
Executive  veto. 

LIEUTENANT  GOVERNOR. 

Sec.  15.  In  the  case  of  the  death,  conviction  or  impeach- 
ment, failure  to  qualify,  resignation,  absence  from  the  State 
or  other  disability  of  the  Governor,  the  powers,  duties  and 
emoluments  of  the  office  for  the  residue  of  the  term,  or  until  the 
disabilities  shall  be  removed,  shall  devolve  upon  the  Lieu- 
tenant Governor. 

Sec.  16.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate  and  shall  vote  only  when  the  Senate  is  equally  di- 


roNSTin  TIO.XAL   CONVENTION,  77 

vidrd.  In  case  of  the  absence  or  impeachment  of  the  Lieu- 
tenant Governor,  or  when  he  shall  hold  the  office  of  Governor, 
then  the  Senate  shall  chose  a  President  pro  tempore,  who  shall 
perform  the  duties  of  Lieutenant  Governor. 

Sec.  17.  If  the  Lieutenant  Governor  shall,  for  any  of  the 
causes  named  in  section  16  of  this  article,  become  incapable  of 
performing  the  duties  of  the  office  of  President  of  the  Senate, 
he  shall  act  as  Governor  until  the  vacancy  is  filled  or  the  dis- 
ability removed,  and  if  the  President  of  the  Senate,  for  any  of 
the  above  named  causes,  shall  become  incapable  of  performing 
the  duties  of  Governor,  the  same  shall  devolve  upon  the  Speaker 
of  the  House. 

Sec.  18.  Should  the  office  of  the  Secretary  of  State,  Audi- 
tor of  State,  Treasurer  or  Superintendent  of  Public  Instruction 
become  vacant  by  death,  resignation,  or  otherwise,  it  shall  be 
the  duty  of  the  Governor  to  fill  the  same  by  appointment  in 
all  respects  as  provided  in  section  7  of  this  article.  An  account 
shall  be  kept  by  the  officers  of  the  Executive  Department  and 
all  of  the  public  institutions  of  the  State  of  all  moneys  re- 
ceived or  disbursed  by  them  severally  from  all  sources  and  for 
every  service  performed,  and  a  semi-annual  report  thereof  be 
made  to  the  Governor  under  oath,  and  an  officer  who  makes  a 
false  report  shall  be  guilty  of  perjury  and  punished  accordingly. 

Sec.  19.  The  officers  of  the  Executive  Department  and 
all  public  institutions  of  the  State  shall,  at  least  ten  days  pre- 
ceding each  regular  session  of  the  General  Assembly,  send  a 
full  and  complete  report  of  their  actions  to  the  Governor,  who 
shall  transmit  the  same,  together  with  the  reports  of  the  Su- 
preme Court  of  defects  in  this' Constitution  or  Laws,  to  the 
General  Assembly,  at  their  session. 

Sec.  20.  There  shall  be  a  seal  of  the  State  which  shall  be 
kept  by  the  Secretary  of  State  and  used  by  him  officially,  as 
directed  by  law,  and  it  shall  be  called  the  Great  Seal  of  the 
State  of  Colorado;  the  seal  of  the  Territory  of  Colorado  as 
now  used  shall  be  the  official  seal  of  the  State,  until  otherwise 
provided  by  law. 

Sec.  21.  The  officers  named  in  this  article  shall  perform 
such  duties  as  required  in  this  Constitution  or  by  law,  and  shall 
receive  for  their  service  a  salary  to  be  established  by  law,  which 
shall  not  be  increased  or  diminished  during  their  official  terms. 
It  shall  be  the  duty  of  all  officers  to  collect  in  advance  all 
fees  for  services  rendered  by  them  severally  and  pay  the  same 
into  the  State  Treasury. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall 
be  ox-officio  State  Librarian. 

S<-c.  23.  The  General  Assembly  shall,  by  law,  create  the 
office  of  Commissioner  of  Lands  and  Mines,  prescribe  the  duties 
and  arrange  the  salary  of  the  same. 


78  PROCEEDINGS    OF    THE 

Sec.  24.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  be  eligible  for  re-election  as  their  own  immediate  suc- 
cessors. 

On  motion  of  Mr.  Kennedy,  the  report  was  ordered  printed 
and  the  consideration  thereof  made  the  special  order  for  next 
Friday,  at  11  o'clock  a.  m. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing  and 
Binding,  presented  the  following  report: 

Denver,  January  7th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Printing,  to  whom  the 
matter  of  price  and  pay  for  obtaining  ten  copies  for  each 
member  of  the  daily  papers  published  in  the  city  of  Denver, 
containing  the  proceedings  of  this  Convention,  make  the  fol- 
lowing report: 

Daily  Rocky  Mountain  News,  2y2  cents  per  copy,  25  cents 
per  day,  each  member. 

Daily  Denver  Tribune,  each  number  at  2y2  cents  per  copy. 

Daily  Times  114  cents  per  copy. 

JOHN  S.  HOUGH, 

Chairman. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

Mr.  Stone  moved  that  each  member  of  the  Convention  be 
furnished  with  two  copies  daily  of  such  of  the  newspapers  of 
the  city  of  Denver  as  they  may  order. 

Mr.  Kennedy  moved  to  lay  the  motion  of  Mr.  Stone  on  the 
table,  which  was  agreed  to. 

Mr.  Bromwell,  having  asked  leave  of  the  Convention  to  be 
excused  from  serving  on  the  Committee  on  Printing  and  Bind- 
ing, on  motion  of  Mr.  Boyles,  leave  was  granted  and  the  Presi- 
dent appointed  Mr.  Yount  on  said  committee  to  fill  the  vacancy. 

Mr.  Stone,  Chairman  of  the  Special  Committee  in  the  matter 
of  the  employment  of  an  official  stenographer  to  the  Conven- 
tion, presented  the  following  report  of  that  committee,  which 
was  as  follows: 

To   the   Hon.    Jos.    C.    Wilson,    President    Constitutional    Con- 
vention : 

Your  Special  Committee,  to  which  was  referred  the  matter 
of  ascertaining  the  probable  cost  of  reporting  the  proceedings 
of  the  Convention  in  shorthand,  beg  leave  to  report  that  they 
have  examined  the  proposition  and  estimate  of  Messrs.  Walsh 
and  Ford,  of  Michigan,  as  communicated  to  Governor  Routt, 
and  find  that  the  cost  of  reporting  and  transcribing,  ready  for 
printing,  matter  sufficient  for  one  volume  of  one  thousand 
pages  the  size  of  the  debates  of  the  Illinois  Constitutional 
Convention,  will  be  about  five  thousand  dollars,  including  the 


CONSTII  I  TioNAL   CONTENTION. 

proof  reading.  The  cost  of  printing  the  same  \\  ill  be  from  seven 
to  eight  thousand  dollars  and  the  binding  about  three  thousand 
dollars  more;  the  cost  of  printing  and  binding  estimated  at 
Denver  juices.  The  committee  further  reports  that  a  propo^ 
sition  has  been  submitted  by  .Messrs.  Bennett  &  Scates,  of  Chi- 
cago, through  Mr.  Bennett  of  said  firm,  who  is  here  at  present, 
offering  to  report  the  proceedings  and  debates  of  the  Con- 
vention in  full,  for  the  price  of  fifty  dollars  per  day,  including 
the  transcribing  of  the  same  ready  for  the  printer,  and  the  ad- 
ditional gross  sum  of  one  thousand  dollars  for  the  session, 
providing  it  is  necessary  to  employ  three  or  more  reporters. 
This  estimate  would  make  the  total  cost  of  reporting  the  pro- 
ceedings in  full,  for  a  session  of  sixty  days,  amount  to  about 
four  thousand  dollars. 

Mr.  Bennett  estimates  the  cost  of  printing  and  binding  one* 
volume  of  one  thousand  pages  of  the  size  of  the  Illinois  debates 
at  five  thousand  dollars,  and  two  dollars  for  each  additional 
volume,  based  upon  Chicago  prices,  making  a  total  cost  of  about 
seven  thousand  dollars  for  one  thousand  bound  volumes  of  re- 
ports. 

Your  committee  further  report  that  Mrs.  M.  E.  Wheeler, 
who  is  here  present,  offers  a  proposition  to  make  and  finish  a 
verbatim  report  of  the  proceedings  and  debates  of  the  Conven- 
tion for  the  sum  of  ten  dollars  per  day  and  to  transcribe  same 
into  long  hand,  ready  for  printing,  at  the  price  of  fifteeen  cents 
per  folio.  The  estimated  cost  of  both  reporting  and  transcrib- 
ing, under  this  proposition,  will  be  about  forty  dollars  per  day, 
the  reports  to  be  transcribed  each  day  as  nearly  as  may  be  done. 

Both  Mr.  Bennett  and  Mrs.  Wheeler  express  their  willing- 
ness to  undertake  the  work  and  take  the  same  chances  in  re- 
gard to  their  pay  that  are  taken  by  the  members  and  officers  of 
the  Convention,  and  are  satisfied  that  a  sufficient  corps  of  re- 
porters can  be  secured  at  once,  so  that  there  will  be  no  delay 
in  the  work  after  a  proposition  has  been  accepted  by  the  Con- 
vention. 

Your  committee  therefore  submit  the  foregoing  facts  and 
report  the  same  without  recommendation  for  the  action  of  the 
Convention,  and  suggest  that  action  of  some  kind  should  be 
taken  without  delay. 

Respectfully  submitted, 

WILBUR  F.  STONE, 

Chairman, 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

Mr.  Bromwell  moved  that  the  report  be  laid  upon  the  table, 
wrhich  was  agreed  to. 

Mr.  Thatcher,  chairman  of  the  Special  Committee  to  whom 
was  referred  the  matter  of  the  contested  election  of  Mr.  Wid« 
derfield  to  a  seat  in  the  Convention,  presented  the  following 
report : 


80  PROCEEDINGS    OF    THE 

• 

To  the  Constitutional  Convention: 

The  undersigned  committee,  to  whom  was  referred  the  con- 
tested election  from  the  Eleventh  Representative  District  of 
Colorado,  of  B.  Van  Zandt,  contestant,  against  John  W.  Wid- 
derfield,  the  returned  and  sitting  member  of  this  Convention,  re- 
spectfully report  that  Mr.  B.  Van  Zandt  contests  the  seat  of 
Mr.  Widderfield  on  the  following  grounds: 

First.  The  Canvassing  Board  of  Bent  county  met  and  made 
their  abstract  of  returns  from  certain  precincts  on  November 
1st,  1875,  less  than  ten  days  after  the  election  and  before  re- 
turns wrere  made  from  precincts  numbered  four,  six  and  seven. 

Second.  The  returns  from  precinct  number  nine  were  re- 
ported by  said  board  wrongfully  and  also  not  counted,  to  the 
prejudice  of  Mr.  Van  Zandt. 

Third.  The  returns  from  precincts  numbered  one  and 
eight  wTere  not  certified  according  to  law;  in  this  the  number 
of  votes  was  certified  in  figures  and  not  written  out  in  full,  ac- 
cording to  law. 

Fourth.  The  judges  of  election  in  precinct  No.  2  refused 
the  votes  of  certain  electors  qualified  to  vote  at  said  election. 

Fifth.  The  printed  copies  of  blank  registry  books  were 
not  delivered,  nor  the  proper  notice  to  the  judges  of  election 
served  by  the  sheriff  of  Bent  County  in  all  the  precincts  of 
said  county,  as  required  by  law. 

From  the  evidence  submitted  to  your  committee  it  appeared 
that  the  Board  of  Canvassers  did,  in  fact,  make  their  abstract 
of  returns  in  less  than  two  days  after  the  election  was  held 
and  before  returns  were  made  from  precincts  numbered  4,  6  and 
7.  It  further  appears  that  no  returns  have  ever  been  received 
from  the  precincts  last  named.  In  the  absence  of  evidence 
showing  that  the  poll?  were  opened  in  said  precincts,  and  if 
opened  that  the  contestant  received  any  votes  therein,  or  that 
any  election  was  ever  held  in  said  precinct,  the  committee  is 
at  a  loss  to  see  that  the  rights  of  Mr.  Van  Zandt  have  in  any 
way  been  affected  or  prejudiced  by  the  action  of  the  Board 
of  Canvassers  in  the  premises. 

The  second  ground  of  contest,  viz.,  that  the  Canvassing 
Board  wrongfully  rejected  the  returns  from  Precinct  No.  9,  to 
the  prejudice  of  the  contestant,  has  been  carefully  considered 
by  the  committee.  It  appears  from  the  evidence  submitted 
upon  this  point  that  reference  being  had  to  the  abstract  of 
votes  duly  certified  by  the  judges  of  election  in  said  precincts 
B.  Van  Zandt  received  32  votes  and  J.  W.  Widderfield  received 
12  votes  as  representatives  to  the  Constitutional  Convention 
from  the  Eleventh  and  Twelfth  Districts.  The  Canvassing 
Board  did  not  feel  at  liberty  to  go  behind  the  certified  abstract 
and  count  the  votes  for  either  the  contestant  or  sitting  mem- 
ber as  representatives  of  the  Eleventh  District.  Charles  Luther 
testifies  that  he  was  clerk  of  the  election  in  Precinct  No.  9, 


CO.NSTITI   TIONAL    CONVENTION.  81 

held  Oct.  LT.ili.  1S75,  and  that  ih<-  votes  cast  for  Mr.  Wedderfield 
and  Mr.  Van  Zandt  respectively  were  cast  for  t  IK-MI  MS  repre- 
sentatives of  the  Eleventh  District  and  that  the  Board  of  Elec- 
tion were  agreed  upon  this  return.  The  judges  of  that  election, 
who  alone  certify  to  the  return,  were  not  called  upon  to  testify, 
nor  ^;is  recourse  had  to  an  examination  of  the  votes  enclosed 
by  the  judges  of  election  in  the  ballot  box  used  in  Precinct  No. 
9  for  the  purposes  of  determining  whether  the  ballots  cast  were 
polled  for  the  contestant  or  sitting  member  as  representative 
of  the  Eleventh  District,  or  as  representative  of  the  Eleventh 
and  Twelfth  Districts,  as  provided  in  case  of  contest  by  Section 
6  of  an  act  concerning  elections  of  the  Session  Laws  of  Colo- 
rado, A.  D.  1874. 

The  third  ground  of  contest,  viz.,  that  the  votes  from  pre- 
cincts numbered  one  and  eight  were  certified  in  figures  and  not 
written  out  in  full  is  purely  a  formal  and  technical  one.  The 
failure  of  the  Clerks  of  Election  to  certify  the  number  of  vot^s 
cast  for  each  candidate  in  words  at  full  length  cannot  in  the 
opinion  of  the  committee  operate  to  disfranchise  qualified 
electors,  or  vitiate  an  election  conducted  in  other  respects  in 
confoimity  to  law. 

Upon  the  fourth  ground  of  contest,  viz.,  that  the  judges  of 
election  in  Precinct  No.  2  refused  the  votes  of  certain  qualified 
electors,  no  testimony  whatsoever  was  taken. 

The  fifth  ground  of  contest  is  not  sustained  by  the  evi- 
dence, it  being  clearly  established  by  the  contestant's  own  wit- 
nesses that  blank  registers  were  delivered  by  the  sheriff  per- 
sonally to  the  judges  of  election  in  all  the  precincts  except 
precincts  numbered  5  and  6,  and  that  the  sheriff  sent  blank 
registers  to  the  judges  of  election  in  the  precincts  last  named. 
The  necessity  of  delivering  blank  registry  books  in  the  several 
precincts  of  Bent  County  is  not  apparent  as  the  evidence  fails 
i<>  show  that  more  than  150  votes  had  been  cast  at  the  last  pre- 
ceding General  Election.  If  a  smaller  number  of  votes  had  been 
cast,  no  registration  is  required. 

The  evidence  does  not  show  the  total  number  of  votes  cast 
or  returned  for  either  the  contestant  or  sitting  member  in  Bent 
County.  Indeed,  so  meager  and  incomplete  is  the  testimony 
submitted  to  the  committee  that  if  all  the  alleged  grounds  of 
contest  wore  admitted  to  exist  and  to  be  waived,  the  contestant 
still  fails  to  show  that  he  is  entitled  to  a  seat  in  this  Conven- 
tion. All  of  wrhich  is  respectfully  submitted. 

HENRY  C.  THATCHER, 
ALVIN  MARSH, 
WILLIAM    R.    KENNEDY, 
C.  P.  ELDER, 

Committee. 
Mr.  Carr  moved  that  the  report  be  received  and  adopted. 


82  PROCEEDINGS    OF    THE 

Mr.  Crosby  moved  as  an  amendment  that  the  report  be 
laid  upon  the  table  and  ordered  printed,  and  a  division  being 
called  for  it  was  decided  in  the  negative.  Ayes,  9;  noes,  22.  So 
the  amendment  was  not  agreed  to. 

Thereupon  the  motion  of  Mr.  Carr  was  agreed  to. 

On  motion  of  Mr.  Clark  the  Convention  adjourned  until 
10  o'clock  A.  M.,  tomorrow. 


ro.NS'l TIT  I  InXAI.    CONN  KNTlnX.  83 


SATURDAY,  JANUARY  8TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

I' raver  was  offered  by  the  Rev.  Mr.  Halcv. 

Roll  called.  Absent — Messrs.  Head,  Stone,  Pease,  Rock- 
\v«'ll  and  White. 

The  Journal  having  been  partially  read,  Mr.  Kennedy 
moved  that  so  much  of  the  Journal  as  contained  the  report  of 
the  Committee  on  Executive  Department  be  dispensed  with, 
which  was  agreed  to. 

The  Journal  having  then  been  read,  it  was  approved. 

Messrs.  Head,  Stone  and  White  entered  and  took  their 
seats. 

Mr.  Y'ount  presented  the  following  petition,  which  was  re- 
ferred to  the  Committee  on  Miscellaneous  Subjects. 
To  the  assembled  delegates  +o  the  Constitutional   Convention 

of  Colorado: 

We,  the  undersigned  citizens  of  the  Territory  would  most 
respectfully  ask  your  careful  consideration  of  the  following 
demands  of  liberalism: 

First — That  churches  and  other  ecclesiastical  property  shall 
no  longer  be  exempt  from  just  taxation. 

Second — That  the  employment  of  chaplains  in  the  State 
Legislatures,  prisons,  asylums,  and  all  other  institutions  sup- 
ported by  public  money,  shall  be  discontinued. 

Third — That  all  public  appropriations  for  educational  and 
charitable  institutions  of  a  sectarian  character  shall  cease. 

Fourth — That  all  religious  service  sustained  by  public 
money  shall  be  abolished  and  especially  that  the  use  of  the 
Bible  in  the  public  schools,  whether  ostensibly  as  a  text  book 
or  avowedly  as  a  book  of  religious  worship,  shall  be  prohibited. 

Fifth — That  the  appointment  by  the  Governor  of  all  relig- 
ious festivals  and  feasts  shall  wholly  cease. 

Sixth — That  all  laws  directly  or  indirectly  enforcing  the 
observance  of  Sunday  as  the  Sabbath  shall  be  prohibited. 

Seventh — That  all  laws  looking  to  the  enforcement  of 
Christian  morality  shall  be  abrogated  and  that  all  laws  shall 
be  conformed  to  the  requirements  of  natural  morality,  equal 
rights  and  impartial  liberty. 

Eighth — That  no  privilege  or  advantage  shall  be  conceded 
to  Christianity  or  any  other  special  religion;  that  our  entire 
political  system  shall  be  founded  and  administered  on  a  purely 
secular  basis,  and  that  whatever  changes  shall  prove  necessary 


84 


PROCEEDINGS    OF    THE 


to  this  end  shall  be  consistently, 
made.          (Signed), 

0.  P.  GARD. 
'JOHN  PARISH. 
L.  R.  RHODES. 
PORCH  M'FADDEN. 
JAMES  M.  EAGLIN. 
H.  H.   SAMUELS. 
J.  W.  ALLMER. 
J.  H.  JOHNSON. 
J.  E.  WASHBURN. 
JEFFERSON  KILBURN. 
HUGO  HUPPE. 
DOCK    SAMUELS. 
GEORGE  J.  DUBOIS. 
JOHN  H.  DUBOIS. 
C.  F.  DUBOIS. 
COLLINS  DUBOIS. 
JOHN  BAXTER, 
NICHOLAS  NEWMAN. 
HATTEN  BAXTER. 
NANCY   JANE   BAXTER. 
WM.  SAMUELS, 
H.  P.  HYATT. 
A.  B.  STEEL. 
GEO.  M.  HOWARD. 
S.  T.  WELCH. 
G.  A.  MOKE. 
GEO.  W.  FOOTE. 
GEO.  BERRY. 


unflinchingly  and    promptly 

ROBERT   STROUSSE. 

JIM  E.  DUBOIS. 

W.  L.  BECKFELD. 

J.  L.  CRASTUN. 

C.  C.  HAYS. 

ED  NARINE. 

H.  B.  CHUBBUCK. 

OSWALD  ALLEN. 

IRAD  M.  HENDERSON. 

THOS.    CROSS. 

W.  A.  BEAN. 

A.  J.  DERBY. 

F.  M.  SAMUELS. 
H.  J.  HUPPE. 

G.  S.  HILL. 
^.  M.  HILL. 
H.  C.  SMOKE. 
THOMAS  M'CABE. 
J.  W.   SMOKE. 

A.  L.  SMOKE. 
MANLY   MADDEN. 
MARY  PARISH. 
JOE   ZIMMERMAN. 
ELIZA  BERRY. 
BUR  ROSWELL. 
L   T.    CARWILE. 
PHIL  SHABER. 
k.   EDWARD  DUBOIS. 


Mr.  Wilcox  offered  the  following  resolutions,  which  were 
referred  to  the  Committee  on  Congressional  and  Legislative 
Apportionment : 

Resolved,  That  the  Congressional  and  Legislative  Appor- 
tionment Committee  enquire  into  the  expediency  of  apportion- 
ing the  State  so  that  there  shall  be  thirteen  State  Senators,  or 
on  a  basis  of  one  thousand  votes  cast  at  the  September  election, 
A.  D.  1875. 

Resolved,  That  representation  in  the  House  of  Repre- 
sentatives be  apportioned  upon  a  ratio  of  five  hundred  votes, 
taking  the  "vote  of  September  14th,  1875,  as  the  basis  of  said 
apportionment,  provided,  that  each  county  shall  have  one  Rep- 
resentative. 

Mr.  Ebert  offered  the  following  preamble  and  resolutions, 
which  were  referred  to  the  Committe  on  Education  and  Educa- 
tional Institutions: 

Whereas,  The  nature  of  our  free  institutions  pre-supposed 
a  high  degree  of  intelligence  of  the  people,  and  as  the  perma- 
nence, purity  and  effectiveness  of  those  institutions  become  the 


CONSTITI  'TIOXA  I.    <  <>\  \K\TIO.\.  85 

inure  secim  and  productive  uf  «juud.  the  mure  iliis  intelligence 
is  promoted  and  spread;  and 

Whereas,  The  constant  growth  of  our  common  country  in 
number,  as  \\ell  as  in  its  commercial,  industrial  and  political 
relations,  admonishes  us  not  to  neglect  to  progress  according 
iu  i IK-  demands  of  our  times;  and 

Whereas,  By  so  doing  we  would  deliver  our  government 
intu  tlie  hands  of  demagogism  and  give  rise  to  corruption  and 
crime;  and 

Whereas,  Science  and  art  are  the  greatest  levers 
of  civilization  and  afford  the  surest  protection  against  preju- 
dice, superstition  and  suppression,  therefore 

Kesolved,  That  our  public  schools  shall  not  only  embrace 
the  elementary,  but  also  the  higher  branches  of  school  educa- 
tion, so  as  to  enable  scholars  after  having  finished  their  studies 
in  the  highest  grades  of  our  public  schools  to  enter  upon  a  so- 
called  academic  or  university  course. 

Kesolved,  That  for  the  beginning  at  least  one  state  univer- 
sity be  established  or  supported  by  the  future  State  of  Colo- 
rado, and  this  university  especially  organized  for  a  thorough 
study  of  history,  natural  scien^es^  philosophy,  mathematics, 
medicines,  law,  philology,  but  to  be  kept  free  in  every  respect 
from  sectarian  religious  influence. 

Mr.  Beck  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Education  and  Educational  Insti- 
tutions: 

Resolved,  That  the  Committee  on  Education  and  Educa- 
tional Institutions  be  instructed  to  prepare  and  report  for  the 
consideration  of  this  Convention  a  section  in  substance  as  fol- 
lows : 

Section  — .  The  location  of  the  University  of  Colorado  at 
Boulder,  in  the  County  of  Boulder,  as  established  by  existing 
laws,  is  hereby  confirmed,  and  said  institution  of  learning  is 
hereby  declared  to  be  the  University  of  the  State  of  Colorado. 

All  grants,  donations,  appropriations,  rights,  immunities  and 
franchises  which  have  in  any  manner  heretofore  been  given, 
granted  or  confirmed  upon  said  institution  shall  forever  remain 
and  inure  to  its  exclusive  benefit. 

Also  the  following,  which  was  referred  to  the  Committee  on 
Legislature  and  Legislation: 

Resolved,  That  the  Committee  on  Legislature  and  Legis- 
lation be  instructed  to  inquire  into  the  expediency  of  inserting 
in  the  Constitution  a  provision  substantially  as  follows: 

It  shall  be  unlawful  for  any  person,  company  or  corpora- 
tion to  require  of  his  or  its  servants  or  employes  as  a  condition 
to  their  employment  or  otherwise  any  contract  or  agreement 
whereby  such  person,  company  or  corporation  shall  be  released 
or  discharged  from  liability  or  responsibility  on  account  of  per- 


86  PROCEEDINGS    OF    THE 

sonal  injuries  received  by  such  servants  or  employees  while  in 
the  service  of  such  person,  company  or  corporation,  and  all 
such  contracts  shall  be  absolutely  null  and  void. 

Mr.  Lee  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Forest  Culture: 

Resolved,  That  for  the  purpose  of  fostering  artificial  forest 
and  fruit  tree  culture  that  the  Legislature  may  exempt  from 
taxation  for  a  period  not  exceeding  fifteen  (15)  years,  such  land, 
not  to  exceed  (10)  acres,  as  may  be  in  actual  use  for  forest  or 
orchard  culture.  Nothing  in  this  article  to  be  construed  as  to 
exempt  from  taxation  shrubs,  vines  or  other  small  fruits. 

Mr.  Clark  offered  the  following  preamble  and  resolution 
and  moved  that  they  be  adopted: 

Whereas,  The  tedious  and  vexatious  litigation  now  exist- 
ing in  our  courts  is  detrimental  to  the  best  interests  of  the 
mining  industries  of  Colorado; 

Resolved,  That  the  Committee  on  Judiciary  as  well  as  the 
Committee  on  Legislature  and  Legislation  be  instructed  to  take 
into  consideration  this  fact  and  seek  to  report  a  practice  for 
adoption  in  courts  of  law  and  equity  that  will  give  speedy  and 
efficient  remedy  to  mining  litigants  therein,  and  that  the  Legisla- 
ture be  empowered  to  make  special  provisions  to  that  effect. 

Mr.  Quillian  moved  as  an  amendment  that  the  preamble 
and  resolution  be  referred  to  the  committee,  and,  a  division  be- 
ing called  for,  it  was  decided  in  the  affirmative;  ayes,  19;  noes, 
15.  So  the  amendment  of  Mr.  Quillian  was  agreed  to. 

Mr.  Carr  offered  the  following  resolution  and  moved  that 
it  be  referred  to  Committee  on  Bill  of  Rights  with  instructions 
to  embody  the  provision  of  the  same  in  an  article  in  their  report : 

Resolved,  That  the  following  section  shall  be  a  part  of  the 
Bill  of  Rights  of  the  Constitution  of  this  State: 

Section  — .  No  person  shall  be  proceeded  against  criminally 
otherwise  than  by  information,  except  in  cases  arising  in  the 
militia  when  in  actual  service  the  grand  jury  system  is  hereby 
abolished. 

Mr.  Boyles  moved  that  the  resolution  be  laid  upon  the 
table,  wrhich  was  not  agreed  to. 

Mr.  Stone  moved  that  the  resolution  of  Mr.  Carr  be  in- 
definitely postponed,  and  the  ayes  and  noes  being  called  for,  it 
was  decided  in  the  affirmative;  ayes,  20;  noes,  17. 

Those  voting  in  the  affirmative  are  Messrs.  Barela,  Brom- 
well,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Garcia, 
Hurd,  Hough,  Marsh,  Quillian,  Stone,  Stover,  Thatcher,  Vijil, 
Wells,  Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are  Messrs.  Boyles,  Beck,  Carr, 
Cushman,  Clark,  Cooper,  Head,  James,  Kennedy,  Meyer,  Plumb, 
Webster,  White,  Wilcox,  Wheeler  and  Yount. 

So  the  resolution  was  indefinitely  postponed. 


CONSTITITIONAI,   CONVENTION,  87 

Mi-.  I'arela  offered  i  he  following  resolution,  which  was  re- 
ferred to  the  Committee  op  Irrigation,  Agriculture  and  Manufac- 
tures : 

Resolved,  That  tin-  Legislative  Assembly  is  hereby  pro- 
hibited from  enacting  what  is  known  as  a  fence  law,  but  may 
provide  a  general  law  to  be  submitted  to  a  vote  of  the  different 
counties  of  the  State  and  be  in  force  in  such  counties  only  as 
shall  adopt  the  same  by  a  majority  of  the  votes  cast  at  a  gen- 
eral election,  when  the  proposition  shall  have  been  submitted 
to  a  vote  of  the  people. 

Mr.  Douglas  presented  the  following  communication  or 
resolution,  which  were  referred  to  the  Committee  on  Miscel- 
laneous subjects: 

Paper  adopted  by  the  United  Presbyterian  Presbytery  of 
Colorado,  in  session  at  Evans,  Colorado,  December  1,  1875: 

Whereas,  The  United  States  of  America  have  for  a  hundred 
years  enjoyed  God's  blessing  under  Christian  laws  and  institu- 
tions and 

Whereas,  The  State  of  Colorado  is  likely  to  be  the  continual 
monument  of  God's  goodness  to  us  as  a  nation;  therefore 

Resolved,  First,  that  we  urgt  upon  our  Constitutional  Con- 
vention about  to  meet  the  importance  of  recognizing  in  our 
organic  lawys  the  authority  of  God  and  his  word,  the  obligation 
and  necessity  of  the  Sabbath  as  a  civil  institution,  the  sacred- 
ness  of  the  oath  and  the  necessity  of  preserving  our  present 
school  system  against  any  attempts  to  divide  the  school  fund 
for  sectarian  purposes  or  to  expel  the  Bible,  our  only  text 
book  of  morality  and  heart  culture; 

Resolved,  Second,  that  we  invite  the  co-operation  of  all 
Christian  churches  and  of  every  friend  of  free  institutions  for 
the 'accomplishment  of  these  objects. 

Resolved,  Third,  that  Rev.  J.  T.  Graham  be  appointed  to 
lay  the  action  before  the  Constitutional  Convention. 

Signed,  W.  H.  M'CREERY, 

Signed,         S.  B.  REED,  Clerk  of  Presbytery. 

Moderator  of  Presbytery. 

Mr.-Carr  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Education  and  Educational  Insti- 
tutions: 

Resolved,  That  there  shall  be  elected  in  each  judicial  dis- 
trict at  the  time  of  the  election  of  the  judge  of  such  district  a 
regent  of  the  University  of  Colorado,  whose  term  of  office  shall 
be  the  same  as  that  of  said  judge.  The  regents  thus  elected 
and  their  successors  in  office  shall  constitute  a  body  corporate 
known  by  the  name  and  title  of  the  Regents  of  the  University 
of  Colorado. 

Resolved,  That  the  regents  of  the  University,  at  their  first 
meeting  or  as  soon  thereafter  as  may  be.  shall  elect  a  president 


88  PROCEEDINGS    OF    THE 

of  the  university,  who  shall  be  ex-officio  a  member  of  their 
board  with  the  privilege  of  speaking  but  not  of  voting.  He 
shall  preside  at  the  meetings  of  the  Board  of  Regents  and  be 
the  principal  executive  officer  of  the  university.  The  Board  of 
Regents  shall  have  the  general  supervision  of  the  university, 
and  the  direction  and  control  of  all  expenditures  from  the  uni- 
versity fund. 

Mr.  Wilcox  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Legislature  and  Legislation: 

RIGHTS  AND  PRIVILEGES. 

Resolved,  That  no  donation  of  land  or  appropriation  of 
money  shall  be  made  b'y  the  State  or  any  municipal  corporation 
to  or  for  the  use  of  any  society,  association  or  corporation 
whatever. 

The  President  presented  the  following  communication  to 
the  Convention: 

Colorado  Stock  and  Exchange  Board, 

Denver,  January  6,  1876. 

To  the  Honorable  President  of  the  Constitutional  Convention: 
Dear  Sir — You  and  the  officers  and  members  of  the  Con- 
vention are  by  resolution  of  the  Colorado  Stock  and  Exchange 
Board  respectfully  invited  at  your  individual  'convenience  while 
you  remain  in  Denver  to  visit  and  sit  with  the  board  during  the 
call  of  stocks. 

The  sessions  are  daily  at  11:45  A.  M.  in  the  Tribune  build- 
ing, on  Holliday  street  near  16th. 

Respectfully  Yours, 

A.  B.  ROBBINS, 

President. 

Mr.  Hough  moved  that  the  invitation  be  accepted  and  a 
vote  of  thanks  be  returned  to  the  Board,  which  was  agreed  to. 
Mr.  Marsh,  chairman  of  the  Committee  on  Bill  of  Rights, 
presented  a  majority  report  of  that  committee,  as  follows: 

BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties  and 
proclaim  the  principles  upon  which  our  government  is  founded, 
we  declare; 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people;  that  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec.  2.  That  the  people  of  this  State  have  the  sole  and  ex- 
clusive right  of  governing  themselves  as  a  free,  sovereign  and 
independent  State  arid  to  alter  and  abolish  their  Constitution 
and  form  of  government  whenever  they  may  deem  it  necessary 


t'o.\STm'Tin.\.\i.   CONVENTION.  89 

in  their  sal'etv  and  happiness;  provided,  such  change  be  not 
repugnant  to  i In-  < 'mist  itution  of  the  United  States. 

Sec.  ::.  Thai  all  persons  have  natural,  essential  and  un- 
alienable  righis.  among  which  may  be  reckoned  the  right  of  en- 
joying and  defending  their  lives  and  liberties,  that  of  acquiring, 
possessing  and  protecting  property,  and  of  seeking  and  obtain- 
ing their  safety  and  happiness. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship,  without  discrimination,  shall  forever  here- 
after be  guaranteed,  and  no  person  shall  be  denied  any  civil  or 
political  right,  privilege  or  capacity,  on  account  of  his  religious 
opinions,  but  the  liberty  of  conscience,  hereby  secured,  shall  not 
be  construed  to  dispense  with  oaths  or  affirmations,  excuse  acts 
of  licentiousness  or  justify  practices  inconsistent  with  the  good 
order,  peace  or  safety  of  the  State.  Nor  shall  any  person  be  re- 
quired to  attend  or  support  any  ministry  or  place  of  worship, 
religious  sect  or  denomination  against  his  consent.  Nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or 
mode  of  worship. 

Sec.  5.  That  all  elections  shall  be  free  and  open,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent 
the  free  exercise  of  the  right  of  suffrage. 

Sec.  6.  That  courts  of  justice  shall  be  open  to  every  person, 
and  certain  remedy  afforded  for  every  injury  to  person,  prop- 
erty or  character,  and  that  right  and  justice  should  be  adminis- 
tered without  sale,  denial  or  delay. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  homes  and  effects,  from  unreasonable  searches  and 
seizures,  and  no  warrant  to  search  any  place  or  seize  any  person 
or  thing  shall  issue  without  describing  the  place  to  be  searched 
or  the  person  or  thing  to  be  seized  as  near  as  may  be,  nor  with- 
out probable  cause,  supported  by  oath  or  affirmation  reduced  to 
writing. 

Sec.  8.  That  no  person  shall,  for  a  felony,  be  proceeded 
against  criminally  otherwise  than  by  indictment,  except  in 
cases  arising  in  land  or  naval  forces  or  in  the  militia,  when  in 
actual  service  in  time  of  war  or  public  danger.  In  all  other  cases, 
offences  shall  be  prosecuted  criminally  by  indictment  or  infor- 
mation as  concurrent  remedies. 

Sec.  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it  or  adhering  to  its  enemies,  giving  them 
aid  and  comfort;  that  no  person  can  be  convicted  of  treason  un- 
less on  the  testimony  of  two  witnesses  to  the  same  overt  act  or 
on  his  confession  in  open  court;  that  no  person  can  be  attainted 
of  treason  or  felony  by  the  General  Assembly;  that  no  convic- 
tion can  work  corruption  of  blood  or  forfeiture  of  estate; 
That  the  estates  of  such  persons  as  may  destroy  their  own  lives 
shall  descend  or  vest  as  in  cases  of  natural  death,  and  when  any 


90  PROCEEDINGS    OF    THE 

person  shall  be  killed  by  casualty  there  shall  be  no  forfeiture 
by  reason  thereof. 

Sec.  10.  That  no  law  shall  be  passed  impairing  the  freedom 
of  speech ;  that  every  person  shall  be  free  to  speak,  write  or  pub- 
lish whatever  he  will  on  any  subject,  being  responsible  for  all 
abuses  of  that  liberty,  and  that  in  all  suits  and  prosecutions  for 
libel  the  truth  thereof  may  be  given  in  evidence,  and  the  jury, 
under  the  direction  of  the  court,  shall  determine  the  law  and 
the  fact. 

Sec.  11.  That  no  ex  parte  [post]  facto  law  nor  law  impair- 
ing the  obligations  of  contracts  or  retrospective  in  its  operation, 
or  making  any  irrevocable  grant  or  [of]  special  privileges  or 
immunities,  can  be  passed  by  the  Legislature. 

Sec*.  12.  That  imprisonment  for  debt  shall  not  be  allowed 
except  for  the  nonpayment  of  fines  and  penalties  imposed  for 
violation  of  law. 

Sec.  13.  The  rights  of  no  citizen  to  keep,and  bear  arms  in 
defence  of  his  home,  person  and  property,  or  in  aid  of  the  civil 
power  when  thereto  legally  summoned,  shall  be  called  in  ques- 
tion, but  nothing  herein  contained  is  intended  to  justify  the 
practice  of  carrying  concealed  weapons. 

Sec.  14.  That  no  person  elected  or  appointed  to  any  office 
or  employment  of  trust  or  profit,  under  the  laws  of  the  State  or 
any  ordinance  of  any  municipality  in  thislState,  shall  hold  such 
office  without  personally  devoting  his  time  to  the  performance 
of  the  duties  of  [to]  the  same  belonging. 

Sec.  15.  That  no  person  who  is  now,  or  may  hereafter  be- 
come, a  collector  or  receiver  of  public  money  or  assistant  as 
deputy  of  such  collector  or  receiver,  shall  be  eligible  to  any 
office  of  trust  or  profit  in  the  State  of  Colorado  under  the  laws 
thereof,  or  any  municipality  therein,  until  he  shall  have  ac- 
counted for  and  paid  over  all  the  public  money  for  which  he  may 
be  accountable,  unless  such  disability  be  removed  by  act  of  Leg 
islature. 

Sec.  16.  That  no  private  property  can  be  taken  for  private 
use,  with  or  without  compensation,  unless  by  consent  of  the 
owner,  except  for  private  ways  of  necessity,  and  except  for 
drains  and  ditches  across  the  lands  of  others  for  agricultural 
and  sanitary  purposes  in  such  manner  as  may  be  prescribed  by 
law,  and  that  whenever  an  attempt  is  made  to  take  private  prop- 
erty for  a  use  alleged  to  be  public,  the  question  whether  the  con- 
templated use  be  really  public  shall  be  a  judicial  question  and 
as  such  judicially  determined  without  regard  to  any  Legislative 
assertion  that  the  use  is  public. 

Sec.  17.  That  private  property  shall  not  be  taken  or  dam- 
aged for  public  use  without  just  compensation.  Such  compen- 
sation 'Shall  be  ascertained  by  a  jury  or  board  of  commissioners 
of  not  less  than  three  freeholders,  in  such  manner  as  may  be 
prescribed  by  law,  and  until  the  same  shall  be  paid  to  the  owner 


91 

oi-  into  court  for  (lie  owner,  tin-  properly  shall  not  be  disturbed 
or  ili«*  proprietary  rights  of  I  he  owner  therein  divested.  The  fee 
of  land  taken  for  railroad  tracks,  without  consent  of  the  owner 
thereof,  shall. remain  in  such  owner,  subject  to  the  use  for  which 
it  is  taken. 

Sec.  18.  In  criminal  prosecutions  the  accused  shall  have 
the  right  to  appear  and  defend  in  person  and  by  counsel,  to  de- 
mand the  nature  and  cause  of  the  accusation,  to  meet  the  wit- 
nesses against  him  face  to  face,  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf  and  a  speedy  public  trial 
by  an  impartial  jury  of  the  country. 

Sec.  19.  That  no  person  shall  be  compelled  to  testify  against 
himself  in  a  criminal  cause,  nor  shall  any  person  after  being 
once  acquitted  by  a  jury  be  again  for  the  same  offence  put  in 
jeopardy  of  his  life  or  liberty;  but  if  the  jury,  to  which  the  ques 
tion  of  his  guilt  or  innocence  is  submitted,  fail  to  render  a  ver- 
dict, the  court  before  which  the  trial  is  had  may,  in  its  discre- 
tion, discharge  the  jury  and  commit  on  bail  the  prisoner  for 
trial  at  the  next  term  of  court,  or  if  the  State  business  will  per- 
mit, at  the  same  term,  and  if  the  judgment  be  arrested  after  a 
verdict  of  guilty  on  a  defective  indictment,  or  if  judgment  on  a 
verdict  of  guilty  be  reversed  for  error  in  law,  nothing  herein 
contained  shall  prevent  a  new  trial  of  the  prisoner  on  a  proper 
indictment  or  according  to  correct  principles  of  law. 

Sec.  20.  That  all  persons  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offences,  when  the  proof  is  evident  or 
the  presumption  great,  provided  the  court  shall  have  power  to 
commit  at  any  time  on  forfeiture  of  bail  or  recognizance. 

Sec.  21.  That  excessive  bail  shall  not  be  required  nor  ex- 
cessive fines  be  imposed,  nor  cruel  and  unusual  punishment  in- 
flicted. 

Sec.  22.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  never  be  suspended. 

Sec.  23.  That  the  military  shall  always  be  in  strict  subor- 
dination to  the  civil  power;  that  no  soldier  shall  in  time  of  peace 
be  quartered  in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  except  in  the  manner  prescribed  by  law. 

Sec.  24.  The  right  of  trial  by  jury  as  heretofore  enjoyed 
shall  remain  inviolate,  but  a  jury  for  the  trial  of  criminal  cases 
in  courts  not  of  record  may  consist  of  less  than  twelve  men,  as 
may  be  prescribed  by  law.  Hereafter,  a  grand  jury  shall  con- 
sist of  twelve  men,  any  nine  of  whom  concurring  may  find  an 
indictment  or  a  true  bill,  provided  the  Legislature  may  change 
or  abolish  the  grand  jury  system  or  otherwise  regulate  the  same. 

Sec.  25.  That  the  people  have  the  right  peaceably  to  as- 
semble for  their  own  good  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievances  by  petition 
or  remonstrance. 


92  PROCEEDINGS    OF    THE 

Sec.  26.  That  no  person  shall  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law. 

Sec.  27.  That  there  cannot  be  in  this  State  either  slavery 
or  involuntary  servitude,  except  as  a  punishment  for  crime 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  28.  The  enumeration  in  this' Constitution  of  certain 
rights  shall  not  be  construed  to  deny  or  impair  or  disparage 
others  retained  by  the  people. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed  and  made  the  special  order  for  next  Saturday,  at  11:00 
a.  m. 

Mr.  Wheeler  gave  notice  that  he  would,  on  Saturday  next, 
present  a  minority  report  from  the  Committee  on  Bill  of  Rights. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Enrolling  and 
Engrossing,  presented  the  following  report: 

Denver,  January  8,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen : — Your  Committee  on  Engrossing,  to  whom  was 
referred  Memorial  to  Congress  of  the  United  States  with  instruc- 
tions to  have  it  engrossed,  report  the  same  back  correctly  en- 
grossed. 

A.  D.  COOPER, 

Chairman  of  Committee. 

On  motion  of  Mr.  Kennedy,  the  report  was  received  and 
adopted. 

Mr.  White,  Chairman  of  the  Standing  Committee  on  Rules, 
presented  the  following  report: 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado : 

Gentlemen : — Your  Committee  to  whom  was  referred  the 
duty  of  rearranging,  grouping  and  numbering  the  rules  of  this 
Convention,  have  had  the  same  under  consideration  and  re- 
spectfully submit  the  following  report: 

RULES  OF  THE  CONVENTION. 

Rule  1.  A  majority  of  the  Convention  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day 
and  compel  the  attendance  of  absent  members. 

Rule  2.  The  hours  of  meeting  shall  be  10:00  a.  m.  and  2:00 
p.  m.,  unless  otherwise  ordered. 

Rule  3.  The  President  shall  take  the  Chair  every  day  at 
the  hour  to  which  the  Convention  shall  have  adjourned,  shall 
immediately  call  the  members  to  order,  have  the  Secretary  call 
the  roll,  and  on  the  appearance  of  a  quorum  shall  cause  the 


C0.\s  i  [TUTIONAL  CONVENTION.  93 

Journal  of  the  preceding  day   in   be  read   unless  dispensed   with 
by  the  Convention,  arid  in  all  cases  in  the  absem-e  nf  a  quorum 
the  members  present  may  take  snch  measures  as  shall  be  neces- 
sary to  procure  the  attendance  of  absent   members,  and  may  ad 
journ  from  day  to  day  until  a  quorum  shall  be  present. 

Kule  1.  Any  t\vo  members  may  move  a  call  of  the  Conven- 
tion and  a  majority  of  those  present  may  require  absent  mem- 
bers to  be  sent  for,  but  a  call  of  the  Convention  cannot  be  made 
after  the  voting  has  commenced;  and  a  call  of  the  Convention 
being  ordered  and  the  absentees  noted,  the  doors  shall  be  closed 
and  no  member  permitted  to  leave  the  room  until  the  report  of 
the  Sergeant-at-Arms  be  received  and  acted  upon  or  further  pro- 
ceedings in  the  call  be  suspended  by  a  two-thirds  vote  of  the 
members  present. 

Rule  5.  Upon  the  call  of  the  Convention  the  names  of  rep- 
resentatives shall  be  called  over  by  the  Secretary  and  the  ab- 
sentees noted,  after  which  the  names  of  such  absentees  shall 
again  be  called  over.  The  doors  shall  then  be  closed  and  those 
for  whom  no  excuse  or  for  whom  an  unsufficient  excuse  is  made, 
may  by  order  of  those  present  (if  a  quorum)  be  taken  into  cus- 
tody as  they  appear  or  may  be  sent  for  and  taken  into  custody 
wherever  found  by  the  Sergeant-at-Arms  of  the  Convention. 

Rule  6.  The  President  shall  preserve  decorum  and  order; 
may  speak  to  points  of  order  in  preference  to  other  members, 
rising  from  his  seat  for  that  purpose,  and  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  Convention  by  any  one 
member,  on  which  appeal  no  member  shall  speak  more  than 
once  unless  by  leave  of  the  Convention. 

Rule  7.  The  President  shall  rise  to  put  a  question,  but  may 
state  it  sitting. 

Rule  8.  The  President  shall  vote  on  all  questions  taken  by 
ayes  and  noes  and  on  all  elections  or  divisions  called  for  by 
any  member,  but  if  on  such  vote  a  tie  occurs,  the  question  shall 
be  declared  lost. 

Rule  9.  The  President  shall  examine  and  correct  the 
Journal  before  it  is  read.  He  shall  have  the  general  direction 
of  the  hall.  He  shall  have  the  right  to  name  any  member  to  per- 
form the  duties  of  the  Chair,  but  such  substitution  shall  not  ex- 
tend beyond  one  day,  and  such  substitute  shall  be  vested  during 
c«uch  time  with  all  the  powers  of  the  President. 

Rule  10.  When  a  motion  is  made  it  shall  be  stated  by  the 
President,  or  being  in  writing,  shall  be  handed  to  the  Secretary 
and  read  aloud  before  debate. 

Rule  11.  When  two  or  more  members  rise  at  once  the 
President  shall  designate  the  member  who  is  first  to  speak,  but 
in  all  cases  the  member  who  shall  first  rise  and  address  the 
Chair  shall  speak  first. 

Rule  12.  In  case  of  the  absence  of  the  President  the  Con- 
vention shall  elect  a  President  Pro  Tern. 


94  PROCEEDINGS   OF    THE 

Rule  13.  It  shall  be  the  duty  of  the  Secretary  to  keep  a 
book  in  which  he  shall  record  all  the  proceedings  of  the  Con- 
vention and  to  do  and  perform  all  other  acts  appertaining  to 
his  office  as  may  be  required  of  him  by  the  Convention  or  its 
presiding  officer. 

Rule  14.  It  shall  be  the  duty  of  the  Sergeant-at-Arms  to 
attend  the  Convention  during  its  sittings,  to  execute  the  com- 
mands of  the  Convention  from  time  to  time,  together  with  all 
such  process  issued  by  authority  thereof  as  shall  be  directed 
to  him  by  the  President. 

Rule  15.  Every  motion  and  resolution  shall  be  reduced  to 
writing,  if  the  President  or  any  member  desires  it. 

Rule  16.  No  motion  or  proposition  on  a  subject  different 
from  that  under  consideration  shall  be  admitted  under  color 
of  amendment. 

Rule  17.  If  the  question  under  debate  contains  several 
propositions,  any  member  may  have  the  same  divided,  and  on  a 
motion  to  strike  out  and  insert,  it  shall  be  in  order  to  move  for 
a  division  of  the  question,  and  rejection  of  the  motion  to  strike 
out  and  insert  one  proposition  shall  not  prevent  a  motion  to 
strike  out  and  insert  a  different  proposition,  nor  prevent  a  sub- 
sequent motion  to  strike  out  and  insert. 

Rule  18.  Questions  shall  be  distinctly  put  in  this  form:  As 
many  as  are  of  the  opinion  that  (as  the  case  may  be),  say  aye; 
and  after  the  affirmative  voice  is  expressed,  As  many  as  are  of 
the  contrary  opinion  say  no;  if  the  President  doubt,  or  a  divi- 
sion is  called  for,  the  Convention  shall  divide;  those  in  the  af- 
firmative shall  rise  from  their  seats,  and  afterwards  those  in 
the  negative. 

Rule  19.  All  questions,  whether  in  Committee  or  in  the 
Convention,  shall  be  put  in  the  order  they  are  moved,  except 
in  the  case  of  privileged  questions,  and  in  filling  up  blanks  the 
largest  sum  and  longest  time  shall  be  first  put. 

Rule  20.  When  the  President  is  putting  the  question  no 
member  shall  walk  out  of  or  across  the  hall;  nor  when  a  member 
is  speaking  shall  any  person  entertain  any  private  discourse  or 
pass  between  him  and  the  chair  or  give  any  signs  of  approba- 
tion or  disapprobation:  and  no  smoking  shall  be  allowed  in  the 
hall  whilst  the  Convention  is  in  session. 

Rule  21.  When  a  question  is  under  debate  no  motion  shall 
be  received  but  to  adjourn,  to  call  the  house,  to  lay  on  the  table, 
the  previous  question,  to  postpone  indefinitely,  or  to  postpone  to 
a  day  certain,  or  to  commit  or  to  amend,  which  several  motions 
shall  have  precedence  in  the  order  in  which  they  stand  ar- 
ranged. 

Rule  22.  After  a  motion  is  stated  by  the  President  it  shall 
be  deemed  in  the  possession  of  the  Convention  and  shall  be 
entered  upon  the  Journal  with  the  name  of  the  member  offer- 


CONSTITI  TIONAL   CONVENTION.  95 

in.n-  I  In-  sanu',  bill  may  !•<•  \vii  lidrawn  al  any  linn-  h-t'nrr  decision 
<u-  amendment. 

Rule  23.  A  second  *hall  not  be  required  in  making  a  mo- 
tion offering  a  resolution  or  proposition  in  this  Convention. 

Rule  24.  The  Convention  shall  keep  a  Journal  of  its  pro- 
t  r<  (linus,  and  the  ayes  and  noes  of  the  members  on  any  question 
shall,  at  the  desire  of  any  two  members,  be  entered  on  the 
Journal. 

Rule  25.  Any  member  of  the  Convention  shall  have  liberty 
to  dissent  and  protest  against  any  act  or  resolution  which  he 
may  think  injurious  to  the  public  or  to  any  individual,  and  have 
the  reason  of  his  dissent  in  respectful  language  entered  on  the 
Journal  without  debate  whenever  the  same  shall  be  filed  with 
the  Secretary. 

Rule  26.  Every  member,  previous  to  speaking,  shall  rise 
from  his  chair  and  respectfully  address  himself  to  the  Presi- 
dent, and  shall  confine  himself  to  the  question  under  debate  and 
avoid  personality. 

Rule  27.  Al!  incidental  questions  of  order  arising  after  a 
motion  is  made  for  the  previous  question,  during  the  pending  of 
such  motion,  or  after  the  Convention  shall  have  determined  that 
the  main  question  shall  now  be  put,  shall  be  decided,  whether 
on  appeal  or  otherwise,  without  debatt.' 

Rule  28.  The  previous  question  shall  always  be  in  order 
and  shall  be  put  in  this  form:  Shall  the  main  question  now  be 
put?  and  until  it  is  decided  shall  preclude  all  amendments  or 
debate.  The  previous  question  may  be  moved  by  any  member, 
but  a  majority  of  those  present  shall  be  necessary  to  order  the 
main  question. 

Rule  29.  When  on  taking  the  previous  question  the  Con- 
vention shall -decide  that  the  main  question  shall  not  now  be 
put,  the  main  question  shall  be  considered  as  still  remaining 
under  debate. 

Rule  30.  The  effect  of  the  main  question  being  ordered 
shall  be  to  put  an  end  to  all  debate  and  bring  the  Convention 
to  a  direct  vote,  first  upon  all  amendments  reported  or  pending, 
being  first  applied  to  the  amendment  last  moved,  and  then  on 
the  main  question. 

Rule  31.  After  the  motion  for  the  previous  question  has 
prevailed,  it  shall  be  in  order  to  move  a  call  of  the  Convention 
prior  to  a  decision  of  the  main  question. 

Rule  32.  A  motion  to  commit,  until  it  is  decided,  shall  pre- 
clude all  amendments  and  debate  on  the  main  question  and  a 
motion  to  postpone  indefinitely  or  to  a  day  certain,  until  it  is 
decided,  shall  precude  all  amendment  on  the  main  question. 

Rule  33.  All  committees  shall  be  appointed  by  the  Presi- 
dent, unless  ordered  otherwise  bv  the  Convention. 


96  PROCEEDINGS    OF    THE 

Rule  34.  In  forming  a  Committee  of  the  Whole,  the  Presi- 
dent shall  leave  the  chair,  and  a  chairman  to  preside  in  Commit- 
tee shall  be  appointed  by  the  President.  . 

Rule  35.  On  propositions  being  committed  to  Committee 
of  the  Whole,  they  shall  be  first  read  throughout  by  the  Secre- 
tary and  then  again  read  and  debated  by  clauses,  leaving  the 
preamble  to  be  considered  last;  after  report  of  said  committee 
the  proposition  shall  again  be  subject  to  debate  or  amendment 
before  a  vote  is  taken. 

Rule  36.  A  motion  that  the  Committee  rise  shall  always 
be  in  order,  and  shall  be  decided  without  debate. 

Rule  37.  The  Rules  of  the  Convention  shall  be  observed 
in  Committee  of  the  Whole  Convention,  as  far  as  they  may  be 
applicable,  except  that  the  ayes  and  noes  shall  not  be  called 
nor  the  previous  question  enforced. 

Rule  38.  No  committee  shall  sit  during  the  daily  session 
of  the  Convention  unless  by  special  leave. 

Rule  39.  Every  member  who  shall  be  present  before  the 
vote  is  declared  from  the  chair,  and  no  other,  shall  vote  for  or 
against  the  question,  unless  the  Convention  shall  excuse  him, 
or  he  be  interested  in  the  question,  in  which  case  he  shall  not 
vote. 

Rule  40.  When  the  ayes  and  noes  shall  be  taken  on  any 
question,  no  member  shall  be  permitted  to  vote  after  the  de- 
cision is  announced  from  the  chair,  unless  by  the  unanimous  con- 
sent of  the  Convention. 

Rule  41.  A  motion  to  postpone  to  a  day  certain  or  indefin- 
itely, or  to  commit,  being  decided,  shall  not  again  be  allowed 
on  the  same  day  and  at  the  same  stage  of  the  proposition. 

Rule  42.  When  a  question  has  been  once  put  and  carried 
in  the  affirmative  or  negative,  it  shall  be  in  order  -for  a  member 
of  the  majority  to  move  for  a  reconsideration  thereof,  at  any 
time  within  two  days  thereafter,  or  upon  giving  two  days'  no- 
tice, and  such  motion  shall  take  precedence  of  all  other  ques- 
tions except  a  motion  to  adjourn. 

Rule  43.  The  unfinished  business  on  which  the  Conven- 
tion was  engaged  at  its  last  adjournment  shall,  at  the  next 
meeting  of  the  Convention  of  the  same  day,  have  precedence  of 
all  other  business. 

Rule  44.  A  member  called  to  order  shall  immediately  sit 
down  unless  permitted  to  explain,  and  the  chair  shall  decide  the 
question  of  order  without  debate,  subject  to  an  appeal  to  the 
Convention. 

Rule  45.  The  Convention  may  reprimand  or  censure  its 
members  for  disorderly  behavior. 

Rule  46.  The  Convention  during  its  session  may  punish, 
by  expulsion  from  the  hall,  any  person  not  a  member  who  shall 


CONSTi'i  r  i  i<»\.\i.   CONVENTION,  97 

be   guilly    <>f   disr«-s|MTlt'ul    conduct    or   contemptuous    beha  viop   in 
ils   presence. 

Rule  47.  In  case  of  any  disturbance  or  disorderly  conduct 
in  die  lobby,  the  I'n  sideni  (or  Chairman  of  the  Committee  of 
the  Whole  Convention)  shall  have  power  to  order  the  saim* 
cleared, 

Rule  4S.  Petitions,  memorials  and  other  papers  addressed 
to  the  Con ven lion  shall  be  presented  by  the  President  or  by  a 
member  in  his  place. 

Rule  41).  All  petitions,  memorials  and  resolutions  of  a 
public  character  shall,  upon  their  introduction,  be  read  in  full 
and  thereupon  be  laid  upon  the  table,  unless  otherwise  ordered 
by  the  Convention. 

Rule  50.  When  motions  are  made  for  a  reference  of  the 
same  subject  to  a  select  committee  and  to  a  standing  committee, 
the  question  of  reference  to  a  standing  committee  shall  be  first 
put. 

Rule  51.  The  Committee  on  Engrossment  shall  examine  all 
articles  and  propositions  after  they  are  engrossed  and  before 
action  is  taken  thereon,  and  report  the  same  to  the  Convention 
when  correctly  engrossed. 

Rule  52.  The  Committee  on  Enrollment  shall  examine  all 
sections  and  clauses  contained  in  the  Constitution  previous  to 
the  same  being  signed  by  the  members  of  the  same,  to  the  Con- 
vention correctly  enrolled. 

Rule  53.  Resolutions  relating  to  the  subject  matter  of  the 
Constitution,  giving  rise  to  debate,  shall  lie  over  for  one  day 
before  being  acted  upon,  if,  upon  their  introduction,  any  mem- 
ber shall  give  notice  of  a  desire  to  discuss  the  proposition  therein 
contained. 

Rule  54.  All  so-called  substitutes,  motions  and  resolutions 
shall  be  considered  as  amendments  only,  and  shall  be  subject 
to  the  rules  relating  thereto,  except  such  matters  as  may  be 
reported  by  committees. 

Rule  55.  There  shall  be  a  Standing  Committee  (to  consist 
of  five  members,  of  which  the  President  shall  be  ex-officio 
member)  on  Rules. 

Rule  56.  Xo  rule  of  the  Convention  shall  be  altered,  sus- 
pended, or  rescinded  without  the  vote  of  two-thirds  of  the 
members  present. 

Rule  57.  The  Sergeant-at-arms  shall  not  permit  any  per- 
son not  a  member  or  officer  of  this  Convention  to  pass  inside 
the  railing  in  the  rear  of  the  seats  of  the  members  at  any  time 
during  the  session  of  the  Convention,  except  the  Judges  of  the 
Supreme  Court,  the  Governor  and  the  Secretary  of  the  Terri- 
tory of  Colorado,  and  the  members  of  the  Legislature  of  the 
Territory  of  Colorado,  the  Mayor  and  City  Council  of  the  City 


98  PROCEEDINGS    OF    THE 

of  Denver,  the  reporters  of  the  press  duly  assigned  as  such  by 
the  President  of  the  Convention,  except  upon  invitation  of  the 
Convention. 

Rule  58.  A  motion  to  adjourn  shall  be  decided  without 
debate,  except  to  adjourn  to  a  time  certain,  and  shall  always  be 
in  order  except  when  a  member  is  addressing  the  chair  or  a 
vote  is  being  taken,  and  a  motion  to  lay  on  the  table  shall  be 
decided  without  debate. 

Kule  59.  When  the  Convention  adjourns  the  members  shall 
keep  their  seats  until  the  President  announces  the  adjournment. 

Eule  60.  The  rules  of  parliamentary  practice  comprised  in 
Cushing's  Manual  shall  govern  the  Convention  in  all  cases  in 
which  they  are  applicable  and  not  inconsistent  with  the  Stand- 
ing Rules  and  Orders  of  the  Convention. 

Rule  61.     Order  of  Business  shall  be  as  follows: 

1.  Prayer  by  the  Chaplain. 

2.  Calling  the  Roll. 

3.  Reading  the  Journal. 

4.  Communications    and    Presentation    of    Petitions    and 

Resolutions. 

5.  Unfinished  Business  of  Previous  Day. 

6.  Reports  of  Standing  Committees. 

7.  Reports  from  Select  Committees. 

8.  Any  Other  Business  not  Prohibited  by  the  Rules  of  the 

Convention. 

Rule  62.  All  rules  heretofore  adopted  are  hereby  suspended 
and  all  resolutions  and  orders  inconsistent  with  these  rules  are 
hereby  rescinded. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Committee  on 
Rules  was  referred  to  the  Committee  on  Printing  and  Binding, 
which  was  agreed  to. 

On  motion  of  Mr.  Crosby  it  was  ordered  that  two  hundred 
copies  of  the  manual  be  printed  instead  of  one  hundred  copies, 
as  before  ordered. 

Mr.  Crosby  offered  the  following  resolution,  which  was 
agreed  to: 

Resolved,  That  a  watchman  be  elected  to  take  charge  of 
the  hall  of  the  Convention  during  the  night,  to  guard  against 
fire,  and  for  the  preservation  of  the  documents  and  papers  of 
the  Convention. 

Mr.  Hurd  moved  that  the  report  of  the  Special  Committee 
in  the  matter  of  the  employment  of  an  official  stenographer  to 
the  Convention  be  taken  from  the  table  for  consideration;  and 
a  division  being  called  for,  it  was  decided  in  the  affirmative — 
ayes  24,  noes  9.  So  the  report  was  taken  from  the  table. 

Mr.  Carr  moved  that  the  consideration  of  the  report  be  in- 
definitely postponed. 


CONST1TI  TIONAL    CONVKNTION.  99 

Mr.  Kennedy  called  for  the  ayes  and  noes. 

The  motion  of  Mr.  Carr  was  decided  in  the  negative — ayes, 
14;  noes,  22.  Those  voting  in  the  affirmative  are  Messrs.  Barela, 
Bromwell,  Carr,  Cushman,  Douglas,  Felton,  Lee,  Meyer,  Plumb, 
Quillian,  Stover,  Wheeler,  Widderfield  and  Yount. 

Those  voting  in  the  negative  are  Messrs.  Boyles,  Beck, 
Clark,  Cooper,  Crosby,  Ellsworth,  Elder,  Ebert,  Head,  James, 
Kennedy,  Marsh,  Stone,  Thatcher,  Vijil,  Webster,  Garcia, 
Hurd,  Hough,  White,  Wilcox  and  Mr.  President. 

So  the  Convention  refused  to  indefinitely  postpone. 

Mr.  Kennedy  moved  that  the  further  consideration  of  the 
report  be  set  for  2  o'clock  this  afternoon. 

Mr.  Stover,  as  an  amendment,  moved  that  the  further  con- 
sideration of  the  report  be  set  for  Monday,  January  24,  1876,  at 
2  o'clock. 

Mr.  Kennedy  called  for  the  ayes  and  noes,  and  the  question 
being  on  the  adoption  of  the  amendment  of  Mr.  Stover,  it  was 
decided  in  the  negative — ayes,  12;  noes,  24. 

Those  voting  in  the  affirmative  are  Messrs.  Bromwell,  Carr, 
Cushman,  Felton,  Lee,  Meyer,  Plumb,  Quillian,  Stover,  Wheeler, 
Widderfield  and  Yount. 

Those  voting  in  the  negative  are  Messrs.  Barela,  Boyles, 
Beck,  Clark,  Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert, 
Garcia,  Hurd,  Hough,  Head,  James,  Kennedy,  Marsh,  Stone, 
Thatcher,  Vijil,  Webster,  White,  Wilcox  and  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of 
Mr.  Stover,  and  the  question  recurring,  on  the  motion  of  Mr. 
Kennedy  to  make  the  consideration  of  the  report  the  special  or- 
der for  2  o'clock  p.  m.,  and  a  division  being  called  for,  it  was 
decided  in  the  negative — ayes.  16;  noes,  19.  So  the  motion  of 
Mr.  Kennedy  was  not  agreed  to. 

Mr.  Stone  offered  the  following  resolution: 

Resolved,  That  a  committee  be  appointed  to  make  a  con- 
tract on  behalf  of  the  Convention  for  having  the  proceedings  of 
the  Convention  reported  and  transcribed  ready  for  printing,  on 
the  best  terms  obtainable,  subject  to  the  approval  of  the  Con- 
vention, and  a  division  being  called  for,  it  was  decided  in  the 
negative — ayes,  13;  noes,  22.  So  the  Convention  refused  to 
adopt  the  resolution  of  Mr.  Stone. 

Mr.  Felton  moved  that  the  Convention  do  now  adjourn 
until  Monday  next  at  10  a.  m.,  and  a  division  being  called  for, 
it  was  decided  in  the  affirmative — ayes,  24:  noes,  8.  So  the 
Convention  adjourned  until  Monday  next  at  10  a.  m. 


100  PROCEEDINGS    OF    THE 


MONDAY,  JANUARY  10,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Reverend  Mr.  Lynd. 

Roll  called.  Absent — Messrs.  Boyles,  Bromwell,  Garcia, 
Marsh,  Plumb,  Stone,  Thatcher,  White  and  Yount. 

The  Journal  having  been  partially  read,  Mr.  Ellsworth 
moved  that  the  reading  of  that  part  of  the  Journal  containing 
the  report  of  the  Committee  on  Executive  Department  be  dis- 
pensed with,  which  was  agreed  to,  and  Mr.  Kennedy  moved  that 
the  reading  of  so  much  of  the  Journal  as  contains  the  report  of 
the  Committee  on  Rules  be  dispensed  with,  which  was  also 
agreed  to.  The  Journal  was  read  and  approved. 

Messrs.  Bromwell,  Boyles,  Plumb  and  Yount  appeared  and 
took  their  seats. 

Mr.  Hough  offered  the  following  resolution  and  moved  that 
it  be  referred  to  the  Committee  on  Miscellaneous  Subjects: 

Resolved,  That  all  persons  residing  on  Indian  lands  or  gov- 
ernment reservations  within  the  State  shall  enjoy  all  the  rights 
and  privileges  of  citizens,  as  though  they  lived  in  any  other  por- 
tion of  the  State,  and  shall  be  subject  to  taxation. 

Mr.  Beck,  as  an  amendment,  moved  that  the  resolution  be 
referred  to  the  Committee  on  Bill  of  Rights,  which  amendment 
was  accepted  by  Mr.  Hough,  and  the  resolution  was  so  referred. 

Mr.  Hough  offered  the  following  resolution  and  moved  that 
it  be  referred  to  the  Committee  on  Miscellaneous  Subjects: 

Resolved,  That  all  laws,  decrees,  regulations  and  provisions 
which  from  their  nature  require  publication  shall  be  published 
in  English  and  Spanish. 

Mr.  Kennedy,  as  an  amendment,  moved  that  the  resolution 
be  referred  to  Committee  on  Legislature  and  Legislation,  which 
amendment  was  accepted  by  Mr.  Hough. 

Mr.  Ebert  moved  to  further  amend  the  resolution  by  insert 
ing  the  words  "and  German"  after  the  words  "Spanish",  which 
amendment  was  also  accepted  by  Mr.  Hough. 

The  resolution  was  thereupon  referred  to  the  Committee  on 
Legislature  and  Legislation. 

Messrs.  Douglas  and  White  entered  and  took  their  seats. 

Mr.  Yount  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Education  and  Educational  Insti- 
tutions : 

Resolved,  That  the  Committee  on  Education  and  Educa- 
tional Institutions  be  instructed  to  prepare  and  report  for  the 
consideration  of  this  Convention  a  section  in  substance  as  fol- 
lows: 


CONSTITUTIONAL    ro\  VKNTION.  101 

Section  — .  The  location  <>f  the  Agricultural  College  of  Colo- 
iado  at  Kort  Collins,  in  the  County  of  Larimer,  as  established 
by  existing  laws,  is  hereby  rontinm'd  and  the  said  institution  of 
learning  is  hereby  declared  to  be  the  Agricultural  College  of 
the  State  of  Colorado;  all  grants,  donations,  appropriations. 
rights,  immunities  and  franchises  which  have  in  any  manner 
Heretofore  been  given,  granted  or  conferred  upon  said  institu- 
tion, shall  forever  remain  and  inure  to  its  exclusive  benefit. 

.Mr.  Hough  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Officers  and  Oath  of  Office: 

Resolved,  That  no  person  who  denies  the  existence  of  the 
Supreme  Being  shall  hold  any  office  under  this  Constitution. 

Mr.  Hurd  presented  a  proposition  from  J.  L.  Bennett,  for 
making  a  full  stenographic  report  of  the  proceedings  of  the 
Convention  as  follows: 

Denver,  January  10,  1870. 

To  the  Honorable  the  President  and  Members  of  the  Constitu- 
tional Convention  of  Colorado: 

Gentlemen:  Believing  that  a  majority  of  your  honorable 
body  are  in  favor  of  a  stenographic  report  of  the  debates,  and 
that  the  uncertainty  as  to  the  mode  of  compensation  is  the  only 
thing  which  prevents  the  employment  of  a  stenographer  to  re- 
port and  transcribe  the  same,  I  will  make  the  following  proposi- 
tion: 

I  will  make  a  full  report  of  the  proceedings  for  the  sum  of 
ten  dollaTS  per  day,  and  preserve  the  notes  so  that  they  may 
be  transcribed  and  printed  at  any  future  time,  by  authority  o"f 
the  Legislature,  or  by  private  enterprise,  with  the  understand- 
ing that  no  member  of  this  Convention  shall  ever  be  called  upon 
in  his  private  capacity  to  pay  anything  for  any  of  said  work. 

I  may  say  here  that  nothing  is  more  common  in  stenographic 
reporting  than  the  taking  of  notes  to  be  written  up  at  a  future 
time,  upon  certain  contingencies,  as  for  instance  the  appeal  of 
a  law  suit  to  a  higher  court,  the  fact  that  the  record  may  be 
had  if  wanted  being  considered  a  compensation  for  the  com- 
paratively small  expense  of  taking  the  notes.  Such  notes  may, 
in  case  of  necessity,  be  written  out  by  another  person  than  the 
one  taking  them. 

I  have  with  me  ample  testimonials  as  to  my  ability  to 
properly  perform  the  work,  which  have  been  seen  by  several  of 
your  honorable  body. 

I  will  further  say  that  1  have  taken  full  notes  of  proceedings 
since  and  including  Tuesday  last. 

If  the  Legislature  order  the  report  written  out,  the  maxi- 
mum charge  shall  be  50  dollars  per  day  for  time  spent  in  tak- 
ing the  same. 

(Signed)     J.  L.  BENNETT. 

Messrs.  Stone  and  Thatcher  entered  and  took  their  seats. 


102  PROCEEDINGS    OF    THE 

Mr.  Hurd  moved  that  the  proposition  offered  by  Mr.  Bennett 
to  report  the  proceedings  of  the  Convention  be  accepted. 

On  motion  of  Mr.  Beck  the  Convention  granted  Mr.  Bennett 
leave  to  address  the  Convention  and  explain  his  proposition  for 
making  the  report  of  the  proceedings  and  debates  of  the  Con- 
vention. 

Mr.  Bennett,  having  made  an  explanation  of  his  proposition, 
and  the  question  being  on  the  motion  of  Mr.  Hurd  to  accept 
the  proposition  of  Mr.  Bennett,  and  the  ayes  and  noes  being 
called  for,  it  was  decided  in  the  negative — ayes,  7;  noes,  28. 

Those  voting  in  the  aflirmative  are  Messrs.  Boyles,  Clark, 
Hurd,  Hough,  Eockwell,  White  and  Wilcox. 

Those  voting  in  the  negative  are  Messrs.  Barela,  Bromwell, 
Beck,  Carr,  Cushinan,  Cooper,  Crosby,  Douglas,  Ellsworth, 
Elder,  Ebert,  Felton,  Hurd,  James,  Lee,  Hayes,  Plumb,  Quillian, 
Stone,  Stover,  Thatcher,  Vijil,  Webster,  Wells,  Wheeler,  Wid- 
derfield,  Yount  and  Mr.  President. 

So  the  motion  of  Mr.  Hurd  was  not  agreed  to. 

Mr.  Carr  moved  that  the  matter  of  reporting  the  proceed- 
ings and  debates  of  the  Convention  and  the  consideration  of  the 
report  of  the  Select  Committee  on  that  subject  be  indefinitely 
postponed,  which  was  agreed  to. 

Mr.  Head,  chairman  of  the  Committee  on  Miscellaneous  Mat- 
ters, presented  the  following  report  from  that  committee: 

Denver,  January  8,  1876. 
To  the  Honorable  President  and  Constitutional  Convention: 

Gentlemen:  Your  Committee  on  Miscellaneous  Subjects 
beg  leave  to  report  that  they  have  had  under  consideration  the 
subject  of  Preamble  to  the  Constitution  and  report  the  follow- 
ing, and  recommend  its  adoption: 

PREAMBLE. 

We,  the  People  of  Colorado,  in  order  to  form  a  more  inde- 
pendent and  perfect  Government,  establish  justice,  insure  tran- 
quility,  provide  for  the  common  defense,  promote  the  general 
welfare  and  secure  the  blessings  of  Liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for  a  State 
Government,  to  be  known  as  the  State  of  Colorado. 

LAFAYETTE  HEAD,  Chairman. 

On  motion  of  Mr.  Bromwell,  the  report  was  referred  to  Com- 
mittee of  the  Whole  Convention. 

On  motion  of  Mr.  Rockwell,  leave  of  absence  until  next 
Wednesday  was  granted  Mr.  Marsh. 

On  motion  of  Mr.  Clark  the  Convention  resolved  itself  into 
the  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  Miscellaneous  Subjects.  Mr.  Webster  in  the  chair. 


CONSTITUTIONAL    < 'ON  VKNTION.  103 

Alter  some  time  spent  therein,  the  President  resumed  the 
(hair,  and  Mr.  Webster  reported  that  the  Committee  of  the 
\Yhole  Convention,  having  according  to  order  had  the  report  of 
the  Committee  on  Miscellaneous  Subjects  under  consideration, 
had  made  some  progress,  and  recommend  that  the  report  of  the 
Committee  on  Miscellaneous  Subjects,  together  with  the  follow- 
ing amendment  thereto,  offered  by  Mr.  Bromwell,  be  referred  to 
the  Committee  on  Printing,  in  order  that  the  same  may  be 
printed. 

Mr.  Bromwell  moves  as  an  amendment  to  insert  after  the 
word  Colorado,  in  first  line  of  preamble,  the  words  "grateful  to 
Almighty  God  for  the  civil,  religious  and  political  liberty  we 
have  enjoyed,  and  for  the  purpose  of  transmitting  the  same 
unimpaired  to  succeeding  generations;"  and, 

On  motion  of  Mr.  Stone,  the  report  of  the  Committee  of  the 
Whole  Convention  was  adopted. 

On  motion  of  Mr.  Douglas,  the  Convention  adjourned  until 
two  o'clock  P.  M. 

TWO  O'CLOCK  P.  M. 

Committee  met  pursuant  to  adjournment. 

Roll  called. 

Absent:  Messrs  Boyles,  Garcia,  Hurd,  James,  Marsh,  Pease 
and  Stone. 

The  hour  of  the  special  order  having  arrived,  Mr.  Rockwell 
moved  that  the  consideration  of  the  resolutions  offered  by  Mr. 
Bromwell,  which  were  the  special  order  of  this  day,  be  post- 
poned until  Monday  next,  and  made  the  special  order  for  two 
o'clock  that  day,  which  was  agreed  to. 

Mr.  Stone  appeared  and  took  his  seat. 

Mr.  Beck  presented  the  following  communication: 
To  the  Members  and  Officers  of  the  Constitutional  Convention: 

Gentlemen — Permit  me  to  give  myself  the  pleasure  of  invit- 
ing you  to  visit  my  museum,  which  largely  represents  the  birds, 
mammals,  fossils,  minerals  and  relics  of  the  Territory  in  whose 
interests  you  labor.  Please  come  either  as  a  body  or  individu- 
ally, as  best  suits  your  convenience. 

Very  respectfully, 

M.  A.  MAXWELL. 

Museum,  376  Lawrence  street,  Denver,  Colo.,  Jan.  16,  1876. 

Mr.  Rockwell  moved  that  the  invitation  be  accepted,  and  the 
thanks  of  the  Convention  returned  to  Mrs.  Maxwell,  which  was 
agreed  to. 

Mr.  Beck  moved  that  when  this  Convention  adjourns  the 
members  proceed  in  a  body  to  visit  the  museum  of  Mrs.  Max- 
well, and,  a  division  being  called  for,  it  was  decided  in  the 


104  PROCEEDINGS    OF    THE 

affirmative — ayes,  14;  notes,  13.  So  the  motion  of  Mr.  Beck  was 
agreed  to. 

Mr.  Beck  moved  to  reconsider  the  vote  on  the  question  of 
the  Convention  proceeding  as  a  body  to  visit  the  museum  of 
Mrs.  Maxwell,  which  was  agreed  to.  Thereupon  Mr.  Beck  with- 
drew his  motion  on  the  subject  of  the  Convention  visiting  the 
museum  as  a  body. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10  o'clock  A.  M.  to-morrow. 


CONSTITUTIONAL    CONVENTION.  105 


TUESDAY,  JANUARY  11,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mrs.  Wilks. 

Roll  called. 

Absent:    Messrs.  Hurd,  Marsh,  Meyer,  Pease  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Messrs.  White  and  Meyer  appeared  and  took  their  seats. 

Mr.  Felton  offered  the  following  resolution,  and,  on  his  own 
motion,  it  was  referred  to  the  Committee  on  Legislature  and 
Legislation: 

Resolved,  That  provision  shall  be  made  by  law  for  the  re- 
moval for  misconduct  or  maladministration  in  office  of  all 
officers  (except  judicial)  whose  powers  and  duties  are  not  legis- 
lative, and  who  shall  be  elected  at  general  elections,  and  also 
for  supplying  vacancies  created  by  such  removals. 

The  Legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant  where  no  provision  is  made  for  that 
purpose  in  the  Constitution. 

On  motion  of  Mr.  Crosby,  the  Convention  adjourned  until 
2  o'clock  P.  M. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent:  Messrs.  Barela,  Boyles,  Hurd,  Marsh,  Pease  and 
Stone. 

The  hour  for  the  special  order  having  arrived,  Mr.  Clark 
asked  leave  to  introduce  a  resolution,  which  was  granted. 

Mr.  Clark  thereupon  offered  the  following  resolution,  and 
moved  its  adoption: 

Resolved,  That  it  is  the  right  and  duty  of  any  member  of 
this  Convention  to  present  petitions  and  memorials  on  any  sub- 
ject that  he  may  deem  proper  or  that  may  be  sent  to  him  by 
any  number  of  persons  for  that  purpose,  and  that  it  is  not  con- 
sistent with  any  known  rules  of  propriety  for  the  press  to  attack 
any  member  for  so  doing,  or  to  impugn  his  motives  in  the 
premises. 

Mr.  Crosby  called  for  a  division  of  the  question. 

Mr.  Rockwell  moved,  as  an  amendment,  that  so  much  of 
the  resolution  as  relates  to  the  right  of  petition  be  stricken  out, 
and,  a  division  being  called  for,  it  was  decided  in  the  affirma- 
tive— ayes  18,  noes  13. 

So  the  motion  of  Mr.  Rockwell  to  strike  out  was  agreed  to. 


106  PROCEEDINGS    OF    THE 

Mr.  Clark,,  asking  leave  to  withdraw  the  resolution  so 
amended,  ft  was  granted.  Thereupon  Mr.  Clark  withdrew  his 
resolution  so  amended. 

The  special  order  of  business  being  the  consideration  of  the 
preamble  and  resolutions  offered  by  Mr.  Ebert  on  the  subject 
of  forest  culture,  on  January  7th. 

Mr.  Wheeler  moved  that  the  preamble  and  resolutions  be 
adopted. 

Mr.  Ebert  asked  permission  for  the  Secretary  to  read  for 
him  some  remarks  that  he  had  prepared  on  the  subject. 

On  motion  of  Mr.  Bromwell,  the  Convention  granted  leave, 
whereupon  the  Secretary  read  the  paper  written  by  Mr.  Ebert 
on  the  subject. 

Mr.  Wells  moved,  as  an  amendment,  to  strike  out  the  whole 
of  the  preamble  and  all  of  the  resolutions  after  the  first  re- 
solved, and  insert  after  the  latter  word  the  words  "that  the  Leg- 
islature shall  enact  laws  to  promote  and  encourage  the  growth 
of  forests  in  waste  places,  and  to  prevent  the  destruction  of 
forests  growing  upon  the  lands  of  the  State  or  upon  any  lands 
of  the  public  domain,  the  control  of  which  shall  be  conferred  by 
Congress  upon  the  State." 

Resolved,  That  the  Committee  on  Forest  Culture  prepare  a 
memorial  to  Congress,  praying  that  the  control  of  the  forests 
growing  upon  the  public  lands  in  the  mountain  regions  be  con- 
ferred upon  the  local  government  of  the  several  States  and 
Territories  of  that  region. 

Mr.  Carr  moved  to  amend  the  amendment  of  Mr.  Wells  by 
inserting  after  the  word  ''forests,"  in  the  second  line,  the  words 
"on  lands  owned  by  private  individuals,"  and,  on  motion  of  Mr. 
White,  the  preamble  and  resolutions,  together  with  the  amend- 
ments thereto  offered,  were  referred  to  the  Committee  on  Forest 
Culture. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrowr 


CONSTITUTIONAL    <<  ».\  VI  •:  \TION.  107 


WEDNESDAY,  JANUARY  12TH,  1876,  10  O'CLOCK  A.    M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  Eads. 

Roll  called.  Absent — Messrs.  Barela,  Ebert,  Marsh,  Pease, 
Stone  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Carr  presented  a  communication  from  Harvey  Yeaman 
and  J.  Hobbs  and  moved  that  it  be  referred  to  the  Committee  on 
Miscellaneous  Subjects  without  being  entered  on  the  Journal. 

Mr.  Beck  moved  to  amend  by  referring  the  communication 
to  the  Committee  on  Legislature  and  Legislation. 

Mr.  Thatcher  moved  to  amend  the  amendment  by  referring 
the  communication  to  the  Committee  on  Federal  Relations, 
which  was  agreed  to. 

Messrs.  Ebert,  Stone,  White,  Marsh,  Barela  and  Webster 
appeared  and  took  their  seats. 

Mr.  Bromwell  offered  the  following  resolution  and  moved 
its  adoption: 

Resolved,  That  all  property  within  the  State,  being  the  com- 
mon capital  fund  of  the  community,  should  bear  the  public 
expenses  by  equitable  imposts  thereon,  and  for  such  purposes 
every  description  of  property  should  be  assessed  for  taxation 
according  to  the  actual  commercial  or  exchangeable  value 
thereof  at  the  time  and  place  of  such  assessment. 

First.  The  property  of  all  individuals  and  corporations 
should  be  assessed  for  taxation  for  all  purposes,  State,  county, 
city  and  district. 

Second.  All  county  buildings  and  grounds  should  be  as- 
sessed for  State  purposes  only,  not  for  county,  city  or  district. 

Third.  All  city  or  towrn  buildings  and  grounds,  for  State 
and  county  purposes,  but  not  for  city  purposes,  nor  school  pur- 
poses in  school  districts  lying  entirely  within  the  limits  of  such 
city  or  town. 

Fourth.  All  colleges,  academies  and  schools  and  grounds 
(other  than  public  school)  for  State  purposes,  except  for  public 
schools,  and  for  no  other  purpose. 

Fifth.  All  public  school  buildings  and  grounds  for  State 
and  county  school  purposes,  and  not  for  general  purposes  of 
State,  city  or  county,  nor  for  district  school  purposes. 

Sixth.  All  property  held  by,  or  in  trust  for,  churches,  socie- 
ties, cemeteries,  associations,  and  not  in  actual  use  for  public 
worship  or  burial  as  provided  eighthly  herein  shall  be  assessed 
for  all  purposes. 


108  PROCEEDINGS    OF    THE 

Seventh.  All  church  buildings  and  the  grounds  thereof  in 
which  any  rent  or  price  is  charged,  received  or  paid,  for  pews  or 
seats  therein,  shall  be  assessed  for  all  purposes. 

Eighth.  All  other  church  buildings  and  grounds,  of  same 
exceeding  in  value  assessed  as  aforesaid  an  aggregate  sum  of 
$7,000,  should  be  assessed  for  all  purposes  upon  such  excess. 

Ninth.  All  churches  with  so  much  ground  as  may  be  nec- 
essary for  convenient  use  of  the  same,  not  exceeding  in  aggre- 
gate value  the  sum  of  $7,000,  in  which  the  floor  and  seats  shall 
be  at  all  times  free  to  all  comers,  without  respect  of  persons, 
and  in  which  no  money  or  other  valuable  thing  shall  be  at  any 
time  collected  for  any  purpose  other  than  to  pay  for  repairs, 
fuel  and  lights  therefor,  shall  be  free  of  all  tax. 

Tenth.  All  burial  lots  in  any  cemetery  held  for  burial  pur- 
poses only,  after  interment  has  been  made  therein  to  the  extent 
of  twenty-five  feet  square,  and  all  lots  of  ground  donated  and 
used  for  free  burial  grounds,  and  all  property  actually  used  ex- 
clusively for  asylums,  hospitals  or  infirmaries  for  the  gratuitous 
support,  nursing  and  treatment  of  indigent,  insane,  sick  or  dis- 
abled persons,  and  all  public  monuments  and  those  in  memory 
of  the  dead  shall  be  free  from  all  tax  whatever. 

On  motion  of  Mr.  Yount  the  resolutions  were  ordered 
printed  and  their  consideration  made  the  special  order  for  Tues- 
day next,  Januarly  18th,  at  11  o'clock,  in  Committee  of  the 
Whole. 

On  motion  of  Mr.  Kennedy  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  Mr.  Webster  in  the  chair,  to  con- 
sider the  report  of  the  Committee  on  Miscellaneous  Subjects, 
together  with  an  amendment  thereto,  offered  by  Mr.  Bromwell, 
and  after  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  Webster  submitted  the  following  report,  viz.: 

January  12th,  1876. 

The  Committee  of  the  Whole  Convention,  to  whom  was  re- 
ferred the  report  of  the  Committee  on  Miscellaneous  Subjects, 
together  with  an  amendment  thereto,  offered  by  Mr.  Bromwell, 
beg  leave  to  report  that  they  have  had  the  same  under  consider- 
ation, and  have  directed  me  to  report  the  same  back,  with  sun- 
dry amendments,  and  ask  the  concurrence  of  the  Convention 
therein  in  the  words  following,  viz.: 

PREAMBLE. 

We,  the  people  of  Colorado,  with  profound  reverence  for 
the  Supreme  Euler  of  the  Universe,  in  order  to  form  a  more  inde- 
pendent and  perfect  government,  establish  justice,  insure  tran- 
quility,  provide  for  the  common  defense,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 


109 

posterity,  do  ordain  and  establish   (his  Constitution  for  a  State 
to  IM-  known  as  the  State  of  CVorado. 

Signed.  \V.  \V.  WKHSTER, 

Chairman. 

Mr.  Stone  moyed  tliat  the  report  of  the  Committee  of  the 
Whole  be  adopted. 

On  motion  of  Mr.  Carr,  the  report  of  the  Committee  of  the 
AN' hole  was  received,  ordered  engrossed  and  laid  on  the  table  for 
the  future  action  of  the  convention. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
2  o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Bromwell, 
Elder,  Garcia,  Hurd,  Head,  Meyer,  Pease,  Stone,  Vijil  and 
White. 

The  hour  for  the  special  order  having  arrived  and  the  spe- 
cial order  being  the  consideration  of  the  resolutions  offered  by 
Mr.  Wheeler,  which  were  read  as  follows: 

Resolved,  That  the  Legislature  shall  provide  from  time  to 
time  for  the  sale  of  lands  belonging  to  the  Public  School  Fund, 
upon  such  time  and  terms  as  it  may  deem  expedient. 

Provided,  That  in  cases  of  sale  the  preference  shall  be  given 
to  actual  settlers;  and  provided,  further,  that  the  Legislature 
shall  have  no  power  to  grant  relief  to  purchasers  by  granting 
further  time  of  payment,  but  shall  in  all  cases  provide  for  the 
forfeiture  of  the  land  to  the  State  for  the  benefit  of  a  perpetual 
School  Fund,  and  that  all  interest  accruing  upon  such  sales  shall 
be  a  part  of  the  income  belonging  to  the  School  Fund,  and  sub- 
ject to  appropriation  annually  for  educational  purposes. 

Resolved,  That  the  Legislature  shall  provide  for  the  protec- 
tion of  the  occupants  of  school  lands,  who  settled  on  the  same 
prior  to  survey,  and  in  good  faith  made  homestead  filings  under 
instructions  of  the  land  officials. 

Mr.  Wheeler  moved  the  adoption  of  the  resolutions. 

Messrs.  Barela,  Bromwell,  Boyles,  Elder,  Garcia,  Head, 
Hurd,  Meyer,  Pease,  Stone,  Vijil  and  White  , entered  and  took 
their  seats. 

Mr.  Bromwell  moved  an  amendment  to  the  resolutions,  that 
no  law  shall  grant  anj-  privileges  to  persons  who  may  have 
settled  upon  school  lands  after  the  survey  thereof  by  the  United 
States,  by  which  the  amount  to  be  derived  from  the  sale  of 
said  lands  for  the  benefit  of  the  School  Fund  shall  be  diminished 
either  directlv  or  indirectly. 


110  PROCEEDINGS    OF    THE 

Mr.  Wilcox  moved  that  these  resolutions,  together  with  the 
amendment  thereto  offered  by  Mr.  Bromwell,  be  referred  to  the 
Committee  on  Education  and  Educational  Institutions,  with 
instructions  to  report  suitable  provisions  for  the  protection  and 
sale  of  the  school  lands  granted  to  the  State  under  the  provisions 
of  the  Enabling  Act. 

Mr.  Carr  moved  to  amend  the  motion  of  Mr.  Wilcox  by 
inserting  after  the  word  sale,  in  the  sixth  line,  the  words,  "or 
disposal." 

Which  amendment  was  accepted  by  Mr.  Wilcox. 

Thereupon  the  motion  of  Mr.  Wilcox,  so  amended,  was 
agreed  to. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  10 
o'clock  a.  m.  tomorrow. 


CONS'I  1TI   TION  Al.    ro.\  VKNTinN.  Ill 


THURSDAY,  JANUARY  13TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Wright. 

Roll  called.  Absent— Messrs.  Boyles,  Carr,  Hurd,  Lee  and 
Webster. 

Journal  of  preceding  day  read  and  approved. 

Messrs.  Boyles,  Carr,  Hurd  and  Webster  appeared  and  took 
their  seats. 

Mr.  Kennedy  offered  the  following  resolutions,  which  were 
referred  to  the  Committee  on  Public  and  Private  Corporations. 

Resolved,  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abridged  or  so  construed  as  to  prevent  the  Legis- 
lative Assembly  from  taking  tho  property  and  franchises  of  in- 
corporated companies  and  subjecting  them  to  public  use,  the 
same  as  the  property  of  individuals,  and  the  exercise  of  the 
police  power  of  the  State  shall  not  be  abridged,  or  so  construed 
as  to  permit  corporations  to  conduct  their  business  in  such  a 
manner  as  to  infringe  the  equal  rights  of  individuals  or  the 
general  well-being  of  the  State. 

Resolved,  That  no  foreign  corporation  shall  do  any  business 
in  this  State  without  having  one  or  more  known  places  of  busi- 
ness, and  an  authorized  agent  or  agents  in  the  same  upon  whom 
process  may  be  served. 

Also  the  following,  which  was  referred  to  the  Committee  on 
Education  and  Educational  Institutions. 

Resolved,  That  no  money  raised  for  the  support  of  the  pub- 
lic schools  of  this  State  shall  be  appropriated  to  or  used  for  the 
support  of  any  sectarian  school. 

Resolved,  That  women  twen+y-one  years  of  age  and  upwards 
shall  be  eligible  to  any  office  of  control  or  management  under 
the  school  laws  of  this  State. 

Mr.  Thatcher  presented  a  petition  to  the  Convention,  signed 
by  upwards  of  one  thousand  citizens  of  Colorado. 

Also  a  communication  addressed  to  the  Convention  by  thir- 
teen ladies,  in  behalf  of  the  Executive  Committee  of  the  Woman 
Suffrage  Association  of  Missouri. 

Mr.  Kennedy  moved  that  the  petition  and  communication  be 
referred  to  the  Committee  on  Rights  of  Suffrage  and  Elections. 

Mr.  Hough  moved  to  amend  the  motion  of  Mr.  Kennedy  by 
inserting  the  words,  "and  spread  upon  the  Journal  without  the 
ii!i me;"  and  a  division  being  called,  it  was  decided  in  the  affirm- 
ative— ayes.  25;  noes,  10.  So  the  amendment  was  agreed  to. 

Thereupon  the  motion  of  Mr.  Kennedy,  so  amended,  was 
agreed  to. 


112  PROCEEDINGS    OF    THE 

To  the  Constitutional  Convention  of  Colorado: 

Gentlemen: — We,  the  undersigned  citizens  of  Colorado,  of 
adult  age,  do  hereby  petition  your  honorable  body  in  Conven- 
tion assembled,  to  so  frame  your  Constitution  in  fixing  the 
status  of  voters  that  no  distinction  shall  be  made  on  account  of 
sex. 

To  the  Honorable  Members  of  the  Constitutional  Convention, 

Colorado  : 

Gentlemen: — The  undersigned  women  of  Missouri  beg  leave 
to  address  a  few  words  to  you  in  reference  to  the  work  in  which 
you  are  engaged. 

To  frame  the  organic  law  of  a  State  is  always  a  work  of  the 
highest  importance,  since  interests  so  momentous  hang  upon  the 
result;  but  never  in  the  history  of  our  country  have  circum- 
stances of  such  interest  attached  to  any  work  of  the  kind  as 
that  which  now  occupies  your  attention. 

Colorado  is  to  be  the  Centennial  State.  Its  admission  to 
the  Union  will  be  celebrated  jointly  with  the  day  of  our  National 
birth.  It  is  not  surprising,  then,  that  an  interest  in  the  welfare 
should  be  confined  to  no  State  of  our  Union,  and  most  of  all,  it's 
natural  that  women  of  whatever  section  should  look  with  hope- 
ful expectance  to  this  rising  star  in  the  political  firmament. 

May  we  not  hope  then,  that  in  the  new  Constitution,  about 
which  cluster  so  many  auspicious  auguries,  woman  may  be 
remembered,  and  that  here  at  last  she  may  be  endowed  with 
the  rights  and  privileges  which  we  consider  the  birthright  of 
every  American  citizen.  So  happy  an  opportunity  to  do  a  just 
and  noble  deed  will  never  come  to  any  State  again. 

We  earnestly  pray,  therefore,  that  your  honorable  body  will 
not  permit  it  to  pass  unimproved. 

Let  Colorado  be  the  first  State  to  come  into  the  Union  with 
an  unsullied  record.  Let  not  her  fair  escutcheon  be  stained 
with  injustice  to  women,  and  we  will  forever  regard  her  as  the 
most  precious  jewel  in  the  diadem  of  our  country. 

St.  Louis,  January  8th,  1876. 

Mr.  Wells'  presented  the  following  communication  and  peti- 
tion and  moved  that  they  be  spread  upon  the  Journal,  and  be 
referred  to  the  Committee  on  Revenue  and  Finance,  which  was 
agreed  to. 
To  the  Honorable,  the  Constitutional  Convention  of  Colorado : 

At  a  meeting  of  delegates  from  the  following  named 
churches  of  Denver,  viz. :  The  Central  Presbyterian,  the  First  Bap- 
tist, the  Seventeenth  Street  Presbyterian,  the  Lawrence  Street 
M.  E.  Church,  the  Methodist  Church  South,  the  Saint  Paul's 
Presbyterian,  the  Christian,  the  California  Street  M.  E.  Church, 
the  Congregational,  the  German  Reformed,  and  the  St.  James 
Methodist  Episcopal  Churches,  held  at  the  Central  Presbyterian 
Church,  January  11,  1876,  the  accompanying  declarations  were 


CONSTITUTIONAL    CONVENTION.  113 

adopted,  :ind  I  lie  undersigned  were  appointed  a  committee  to 
lay  i  he  same  before  your  honorable  body,  which  we  herewith 
respectfully  present. 

Si-ned.         J.  W.  HLA<'KWKN. 
JOHN  EVANS. 
J.  M.  STURTEVANT. 
\\  .  J.  MILLER. 
A.  J.  FROST. 
JOSEPH  H.  RILUR. 
D.  C.  STOVER. 

Committee. 
By  JOHN  EVANS,  Chairman. 

First.  We  approve  of  a  recognition  of  the  Supreme  Ruler  of 
the  Tniverse  in  the  Constitution  of  the  State. 

Second.  We  regard  -the  Sabbath  as  a  civil,  as  well  as  a  re- 
ligious institution,  which  is  of  importance  to  the  welfare  of 
society. 

Third.  We  believe  that  public  schools  should  be  provided 
by  law  and  kept  free  from  sectarian  influences,  that  funds  raised 
for  their  support  should  not  be  diverted  to  other  uses;  that  the 
State  should  be  free  to  adopt  such  text  books  for  them  as  are 
best  adapted  to  literary  and  scientific  instruction;  and  that  the 
Bible  should  neither  be  excluded  from  nor  forced  into  the  pub- 
lic schools. 

Fourth.  We  do  not  favor  the  endowment  of  churches,  and 
believe  that  all  property  held  for  revenue  to  support  churches 
should  be  taxed  equally  with  private  property;  but  we  do  not 
believe  that  property  exclusively  devoted  to  education,  to  benev- 
olent and  charitable  institutions,  public  libraries,  or  church  edi- 
fices, should  be  taxed. 

Fifth.  We  have  confidence  in  the  good  judgment  of  the 
Constitutional  Convention  of  Colorado,  and  do  not  apprehend 
any  danger  of  its  inserting  any  provision  in  the  Constitution  it 
will  frame  which  shall  violate  the  moral  and  religious  sense  of 
the  people;  but  that  it  will  acquiesce  in  all  of  the  above  stated 
propositions,  unless  it  may  be  that  relating  to  the  question  of 
exemption  from  taxation.  But  since  the  taxation  of  all  prop- 
erty equally,  whether  church  or  corporation,  except  the  burial 
places  of  the  dead,  and,  under  restrictions,  church  edifices,  has 
been  recommended  by  high  authority,  and  since  the  proposition 
meets  with  favor  from  a  considerable  number  of  the  people  of 
Colorado,  we  deem  it  of  special  importance  that  we  earnestly 
protest  against  the  State  Legislature  being  prohibited  from 
making  the  exceptions  suggested. 

We,  therefore,  recommend  that  the  following  petition  be 
circulated  for  signatures  and  that  it,  together  with  this  declara- 
tion of  principles,  be  presented  to  the  Convention,  viz. : 


114  PROCEEDINGS    OF    THE 

PETITION. 

To  the  Honorable  Constitutional  Convention  of  Colorado: 

Your  petitioners,  deeply  interested  in  the  future  welfare  of 
Colorado,  respectfully  request  you  so  to  frame  the  Constitution 
you  are  to  submit  to  the  people  for  adoption,  as  to  leave  the 
Legislature  free  in  its  discretion  to  exempt  from  taxation  all 
property  exclusively  devoted  to  the  cause  of  education,  houses 
of  religious  worship,  public  libraries  and  all  purely  charitable 
and  benevolent  institutions,  as  we  believe  such  exemptions  are 
necessary  to  the  advancement  of  a  higher  civilization,  to  the  pro- 
motion of  a  higher  morality,  and  to  the  cause  of  humanity  and 
Christian  charity.  We  are  sure  that  a  Constitution  which  pro- 
hibits them  will  meet  with  the  earnest  opposition  of  a  very  large 
class  of  our  people. 

Respectfully  your  fellow  citizens, 

Mr.  Wilcox  introduced  the  following  resolution,  and  moved 
that  it  be  laid  •  on  the  table  and  made  the  special  order  for 
tomorrow  at  2  o'clock  p.  m. 

That  a  committee  of  five  be  appointed,  to  consist  of  Messrs. 
Meyer,  Stone,  Ellsworth,  Yount  and  Wheeler,  whose  duty  it  shall 
be  to  memorialize  the  Territorial  Legislature  for  an  appropria- 
tion of  money  sufficient  to  defray  the  expenses  and  pay  the  mem- 
bers and  officers  of  the  Constitutional  Convention  now  in  session. 

A  division  being  called  for,  it  was  decided  in  the  negative — 
ayes,  13;  noes,  15. 

So  the  Convention  refused  to  lay  the  resolution  on  the  table. 

Mr.  Carr  moved  to  amend  the  resolution  by  striking  out  all 
after  the  word  Wheeler,  in  fourth  line,  and  inserting  the  follow- 
ing words,  viz.:  uto  confer  with  the  Finance  Committees  of  the 
Council  and  House  of  Representatives  of  the  Territorial  Legis- 
lature regarding  the  devising  of  ways  and  means  for  the  pay- 
ment of  members  of  the  Constitutional  Convention,"  which 
amendment  was  accepted  by  Mr.  Wilcox. 

Mr.  Wilcox  thereupon  moved  that  the  resolution  so  amended 
be  adopted. 

Mr.  Pease  moved  as  an  amendment,  That  the  pay  of  mem- 
bers we  hear  so  much  about  and  which  we  are  not  to  get,  be 
diverted  from  its  purpose  and  be  appropriated  to  the  pay  of 
churches,  petitioners  and-  outside  influences  prevailing  at  this 
time,  which  seem  to  be  running  this  Convention,  instead  of  its 
members. 

Which  amendment  was  not  agreed  to. 

Thereupon  the  resolution  introduced  by  Mr.  Wilcox  and 
amended  by  the  motion  of  Mr.  Carr  was  adopted. 

Mr.  Wheeler  presented  a  petition  from  W.  P.  Dunlap  and  S. 
C.  Hunter  and  others,  in  reference  to  the  Preamble  to  the  Con- 
stitution, and  moved  that  the  petition  be  referred  to  the  Com 
mittee  on  Miscellaneous  Subject  i. 


CONSTITI  TIOXAI,    CON  Vi;.\TI<».\.  115 

Mi-.  Pn-ck  moved  as  an  amcmiiiiciit  that  the  petition  be  laid 
on  the  table  for  future  action  of  the  Convention,  which  was 
agreed  to. 

Mr.  Plumb  presented  the  following  petition  and  moved  that 
it  be  spread  on  the  Journal,  which  was  agreed  to. 

To  the  Honorable  Constitutional  Convention  of  Colorado  Terri- 
tory : 

W<»,  the  undersigned  citizens  of  Weld  county,  respectfully 
ask  your  honorable  body  to  abolish  the  Grand  Jury  system  by 
Constitutional  enactment. 

Signed.     J.  L.  BRUSH, 

F.  W.  HAMONETT, 
J.  A.   BAILEY, 

Board  of  County  Commissioners. 
And  about  130  others. 

Mr.  Felton  moved  that  the  petition  be  referred  to  the  Com- 
mittee of  the  Whole  Convention,  to  be  considered  with  the 
report  of  the  Committee  on  Bill  of  Rights,  which  was 
agreed  to. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  presented  the  following  report: 

Denver,  January  12,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Engrossing  and  Enrolling, 
to  whom  was  referred  the  Preamble,  with  orders  to  have  it 
engrossed,  respectfully  report  the  same  back  correctly  engrossed. 

(Signed)     A.  D.  COOPER. 
Chairman  of  Committee, 

On  motion  of  Mr.  Felton  the  report  of  the  Committee  on 
Engrossing  and  Enrolling  was  received. 

The  hour  for  the  special  order  having  arrived  and  the  spe- 
cial order  being  the  consideration  of  the  resolutions  offered  by 
Mr.  Bromwell,  they  were  re-read  as  follows: 

Resolved,  That  the  governmental  powers  of  the  State  are 
invaluable  and  can  not  by  any  possibility  be  relinquished, 
waived,  put  in  obeyance,  interrupted,  limited  or  modified  by  any 
Legislative  act  or  by  any  authority  whatever  in  favor  of  any 
man  or  body  of  men.  Still  less  can  they  be  sold,  bartered,  as- 
signed, transferred  or  set  over  by  any  charter,  so-called  contract, 
compact  or  conspiracy  between  the  Legislature  and  any  other 
party. 

Resolved,  That  the  right  or  power  (which  in  government  is 
the  same  thing),  to  regulate  commerce  within  a  State  having 
never  been  surrendered  to  the  United  States,  but  being  expressly 
reserved  to  the  people  of  the  several  States,  remains  inherent  in 
the  people  of  Colorado  as  to  all  commerce  within  the  State  and 


116  PROCEEDINGS    OF    THE 

is  a  governmental  power  to  be  exercised  in  all  proper  cases,  and 
from  the  exercise  of  which  neither  the  Legislative,  Executive  nor 
Judicial  arm  of  the  Government  can  lawfully  shrink. 

Resolved,  TJiat  a  committee  of  five  members  be  appointed, 
to  be  called  the  Committee  on  Commerce,  whose  duty  it  shall  be 
to  consider  and  report  to  this  Convention  what  are  the  rights 
and  powers  of  the  State  over  the  commerce  of  the  State,  as  to 
regulating  the  shipment,  carriage,  warehousing  and  delivery  of 
merchandise  by  common  carriers  and  warehouse  men  upon  pub- 
lic roads,  and  roads  of  corporations  and  in  and  from  public  ware- 
houses; and  that  they  prepare  a  draft  of  an  article  providing  for 
the  exercise  of  such  Legislative,  Judicial  and  Executive  powers 
as  wTill  secure  the  regulation  of  charges  upon  passenger  and 
transportation  traffic,  at  reasonable  and  just  rates  in  all  cases, 
without  the  necessity  of  private  suits  in  order  to  ascertain  such 
reasonable  rates. 

Mr.  Bromwell  moved  that  the  resolutions  be  adopted,  and 
a  division  being  called  for,  it  was  decided  in  the  affirmative. 
Ayes,  15;  noes,  13.  So  the  resolutions  were  adopted. 

Mr.  Cooper  moved  to  reconsider  the  vote  by  which  the  reso- 
lution was  adopted;  and  the  question  being  upon  the  motion  to 
reconsider,  and  being  put  it  was  decided  in  the  affirmative. 
Ayes,  24;  noes,  10. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are:  Messrs.  Barela,  Boyles,  Cushman,  Clark,  Cooper, 
Douglas,  Ellsworth,  Elder,  Ebert,  Garcia,  Head,  James,  Ken- 
nedy, Meyer,  Plumb,  Pease,  Quitman,  Stone,  Thatcher,  Vijil, 
White,  Wilcox,  Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Buck, 
Carr,  Felton,  Hurd,  Marsh,  Stover,  Webster,  Wheeler  and 
Yount.  So  the  motion  to  reconsider  was  agreed  [to]. 

Mr.  Hough  having  asked  leave  to  be  excused  from  voting  on 
this  question,  he  being  an  interested  party,  leave  was  granted. 

Mr.  Boyles  then  moved  to  amend  by  striking  out  the  first 
two  resolutions. 

Mr.  James  moved  as  a  farther  amendment  to  strike  out  the 
word  resolved,  at  the  beginning  of  each  of  the  first  two  resolu- 
tions and  insert  the  word  whereas. 

And  the  question  being  upon  the  motion  of  Mr.  James  to 
amend  the  resolutions,  and  being  put,  it  resulted  in  a  tie.  Ayes, 
16;  noes,  16. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are — Messrs.  Beck,  Carr,  Cooper,  Douglas,  Ebert, 
Hurd,  Head,  James,  Cushman,  Clark,  Meyer,  Plumb,  Webster, 
White  and  Wheeler. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Boyles, 
Bromwell,  Ellsworth,  Felton,  Garcia,  Marsh.  Quillian,  Stone, 


CONSTITUTIONAL   CONVENTION.  117 

Stover.  Thatcher.  Vijil.  \\"il< -ox,  \\idderfleld,  Yount  and  Mr. 
President. 

So  the  Convent  ion  under  the  rule  as  to  a  tie  refused  to  con- 
cur in  the  amendment  offered  by  Mr.  James. 

And  [the]  question  recurring  on  the  amendment  offered  by 
Mr.  Boyles  and  being  put,  it  was  decided  in  the  negative.  Ayes, 
9;  noes,  23. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are — Messrs.  Boyles,  Ellsworth,  Quillian,  Stone, 
Thatcher,  Webster,  Wilcox,  Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Bromwell, 
Beck,  Carr,  Cushman,  Clark,  Cooper,  Douglas,  Ebert,  Felton, 
Garcia,  Hurd,  Head,  James,  Kennedy,  Marsh,  Meyer,  Plumb, 
Stover,  Vijil,  White,  Wheeler  and  Yount. 

So  the  Convention  refused  to  concur  in  the  amendment  of 
Mr.  Boyles. 

Mr.  Boyles  moved  that  the  Convention  do  now  adjourn  until 
10  o'clock  a.  m.  tomorrow. 

And  a  division  being  called,  it  was  decided  in  the  affirmative. 
Ayes,  19;  noes,  12. 

So  the  Convention  adjourned  until  10  o'clock  a.  m.  to- 
morrow. 


118  PROCEEDINGS    OP    THE 


FRIDAY,  JANUARY  14TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  the  Rev.  Mr.  Lynd. 
Roll  called.     Absent — Messrs.  Boyles,  Ebert,  Meyer,  Web- 
ster and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Messrs.  Boyles,  Ebert,  Meyer,  Webster  and  White  entered 
and  took  their  seats. 

Mr.  Wilcox  presented  a  petition  of  thirty  citizens  of  Arapa- 
hoe  county,  praying  the  Convention  to  insert  provisions  in  the 
Constitution  for  the  impeachment  of  officers  and  their  removal 
from  office  for  certain  causes. 

And  on  his  own  motion,  the  petition  was  referred  to  the 
Committee  on  Impeachment  and  Removal  from  Office. 

Mr.  Beck  offered  the  following  resolution  or  ordinance. 
And  on  his  own  motion  it  was  laid  on  the  table  and  ordered 
printed. 

Ordinance  in  obedience  to  the  .requirements  of  an  Act  of 
Congress,  approved  March  3rd,  1875,  to  enable  the  people  of 
Colorado  to  form  a  Constitution  and  State  Government  for  the 
admission  of  said  State  into  the  Union  on  an  equal  footing  with 
the  original  States.  This  Convention,  convened  in  pursuance 
of  said  enabling  act,  does  provide  and  ordain  as  follows,  and  this 
Ordinance  shall  be  irrevocable  without  the  consent  of  the  United 
States  and  the  people  of  the  State  of  Colorado. 

First.  The  perfect  toleration  of  religious  sentiment  shall 
be  secured  and  no  inhabitant  of  said  State  shall  ever  be-  mo- 
lested in  person  or  property  on  account  of  his  01  her  mode  of 
religious  worship. 

Second.  That  the  people  inhabiting  the  Territory  of  Colo- 
rado, by  their  delegates  in  Convention  assembled,  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the  unap- 
propriated public  lands  lying  within  said  Territory,  and  that  the 
same  shall  be  and  remain  at  the  sole  and  entire  disposition  of 
the  United  States,  and  that  the  lands  belonging  to  citizens  of  the 
United  States  residing  without  said  State  shall  never  be  taxed 
higher  than  the  lands  belonging  to  residents  thereof,  and  that 
no  taxes  shall  be  imposed  by  the  State  on  lands  or  property 
thereof,  belonging  to  or  which  may  hereafter  be  purchased  by 
the  United  States. 

The  President  presented  the  following  communication: 
Colorado  Cattle  Growers'  Association, 
Denver,  Colorado,  January  13th,  1876. 

Sir: — The  council  have  tendered  the  use  of  their  chambers 
to  the  Colorado  Cattle  Growers'  Association  for  tomorrow  even- 


CONSTIT!   Tln.NAI.    ( '<  ).\  VKNTH  ).\  .  119 

ing,  and  we  have  accepted  their  offer.  We  extend  to  your  hon- 
orable body  an  invitation  to  meet  with  us  on  Friday  evening, 
.January  14th,  and  exchange  views  in  relation  to  the  cattle 
interest.  Respectfully  yours, 

JAMES  M.  WILSON, 
President  Colorado  Cattle  Growers'  Association. 

On  motion  of  Mr.  Yount  the  invitation  was  accepted,  and 
the  thanks  of  the  Convention  returned  to  the  association. 

The  unfinished  business  of  yesterday  being  next  in  order, 
viz.,  the  motion  of  Mr.  Bromwell  to  adopt  the  following  resolu- 
tions : 

Resolved,  That  the  governmental  powers  of  the  State  are 
inalienable  and  can  not  by  any  possibility  be  relinquished, 
waived,  put  in  abeyance,  interrupted,  limited  or  modified  by  any 
Legislative  Act  or  by  any  authority  whatever  in  favor  of  any 
man  or  body  of  men.  Still  less  can  they  be  sold,  bartered, 
assigned,  transferred  or  set  over  by  and  charter,  so-called  con- 
tract, compact,  or  conspiracy  between  the  Legislature  and  any 
other  party. 

Resolved,  That  the  right  or  power  (which  in  government  is 
the  same  thing)  to  regulate  commerce  within  the  State  having 
never  been  surrendered  to  the  United  States,  but  being  expressly 
reserved  to  the  people  of  the  several  states,  remains  inherent  in 
the  people  of  Colorado  as  to  all  commerce  within  the  State, 
and  is  a  governmental  power  to  be  exercised  in  all  proper  cases, 
and  from  the  exercise  of  which  neither  the  Legislative,  Executive 
nor  Judicial  arm  of  the  government  can  lawfully  shrink. 

Resolved,  That  a  committee  of  five  members  be  appointed, 
to  be  called  the  Committee  on  Commerce,  whose  duty  it  shall  be 
to  consider  and  report  to  this  Convention  what  are  the  rights 
and  powers  of  the  State  over  the  subject  of  commerce  within 
the  State  as  to  regulating  the  shipment,  carriage,  warehousing 
and  delivery  of  merchandise  by  common  carriers  and  warehouse- 
men upon  public  roads  and  roads  of  corporations  and  in  and 
from  public  warehouses;  and  that  they  prepare  a  draft  of  an 
article  providing  for  the  exercise  of  such  Legislative,  Judicial 
and  Executive  powers  as  will  secure  the  regulation  of  charges 
upon  passenger  and  transportation  traffic  at  reasonable  and  just 
rates  in  all  cases  without  the  necessity  of  private  suits  in  order 
to  ascertain  such  reasonable  rates. 

Mr.  Kennedy  moved  to  amend  by  striking  out  the  word 
"five"  in  first  line  of  the  third  resolution  and  inserting  the  word 
"seven,"  which  was  agreed  to. 

Mr.  Quillian  moved,  as  an  amendment,  to  strike  out  the  first 
two  resolutions  and  insert  the  following  preamble,  viz. : 

Whereas,  There  is  great  diversity  of  opinion  as  to  what  are 
the  powers  and  rights  of  the  State  regarding  the  transportation 
of  miniuorce  within  the  State;  and, 


120  PROCEEDINGS    OP    THE 

Whereas,  It  is  important  that  the  Convention  should  take 
actions  [action]  upon  that  important  subject  with  caution  and 
deliberation,  that  the  rights  of  the  people  may  be  secured  and 
the  powers  of  the  Legislature  clearly  and  correctly  defined. 

The  hour  for  the  special  order  having  arrived,  Mr.  White 
moved  that  the  special  order  be  postponed  until  two  o'clock  this 
afternoon. 

Mr.  Boyles,  as  an  amendment,  moved  that  the  special  order 
be  postponed  until  ten  o'clock  a.  m.,  to-morrow. 

And  the  question  being  on  the  amendment  of  Mr.  Boyles,  it 
was  not  agreed  to. 

And  the  question  recurring  on  the  motion  of  Mr.  White,  and 
being  put,  it  was  decided  in  the  negative. 

So  the  Convention  refused  to  agree  to  the  motion  of  Mr. 
White. 

Mr.  Clark  moved  the  previous  question. 

And  the  question  being  "Shall  the  main  question  be  now 
put?"  it  was  so  ordered. 

And  the  question  being  on  the  adoption  of  the  amendment 
offered  by  Mr.  Quillian,  it  was  decided  in  the  negative.  Ayes 
13,  noes  25. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are:  Messrs.  Boyles,  Crosby,  Ellsworth,  Elder,  Head, 
Meyer,  Quillian,  Stone,  Thatcher,  White,  Wells,  Widderfield  and 
Mr.  President. 

Those  voting  in  the  negative  are :  Messrs.  Barela,  Bromwell, 
Beck,  Carr,  Cushman,  Clark,  Cooper,  Douglas,  Ebert,  Felton, 
Garcia,  Hurd,  James,  Kennedy,  Lee,  Marsh,  Plumb,  Pease,  Rock- 
well, Stover,  Vijil,  Webster,  Wilcox,  Wheeler,  Yount. 

So  the  Convention  refused  to  adopt  the  amendment  offered 
by  Mr.  Quillan. 

And  the  question  recurring  upon  the  adoption  of  the  origi- 
nal resolution  offered  by  Mr.  Bromwell,  as  amended  by  Mr.  Ken- 
nedy, Mr.  Thatcher  called  for  a  division  of  the  question,  under 
the  operation  of  which  the  question  was  put:  "Will  The  Con- 
vention adopt  the  first  resolution  offered  by  Mr.  Bromwell?''  and 
it  was  decided  in  the  affirmative.  Ayes,  28;  noes,  11. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are — Messrs.  Barela,  Bromwell,  Beck,  Carr,  Cush- 
man, Clark,  Cooper,  Douglas,  Elder,  Ebert,  Felton,  Garcia,  Hurd, 
Hough,  Head,  James,  Kennedy,  Lee,  Plumb,  Pease,  Rockwell, 
Stover,  Vijil,  Webster,  Wilcox,  Wheeler,  Yount  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Crosby, 
Ellsworth,  Marsh,  Meyer,  Quillian,  Stone,  Thatcher,  White, 
Wells  and  Widderfield. 

So  the  first  resolution  offered  by  Mr.  Bromwell  was  adopted. 


CONSTITUTIONAL    CONVENTION.  121 

The  question  then  rerun- ing  upon  the  motion  to  adopt  the 
second  resolution  offered  by  Mr.  Bromwell,  it  was  decided  in  the 
allii-iiiativc.  Ayes,  32;  noes,  7. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are — Messrs.  Barela,  Bromwell,  Beck,  Carr,  Cushman, 
Clark,  Cooper,  Douglas,  Elder,  Ebert,  Felton,  Garcia,  Hurd, 
Hough,  Head,  James,  Kennedy,  Lee,  Plumb,  Pease,  Quillian,  Rock- 
wHl.  Stover,  Thatcher,  Vijil,  Webster,  White,  Wilcox,  Wheeler, 
Widderfield,  Yount  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Crosby, 
Ellsworth,  Marsh,  Meyer,  Stone  and  Mills. 

So  the  second  resolution  offered  by  Mr.  Bromwell  was 
adopted. 

The  question  recurring  on  the  motion  to  adopt  the  third 
resolution  offered  by  Mr.  Bromwell,  as  amended  by  Mr.  Kennedy, 
it  was  decided  in  the  affirmative.  Ayes,  38;  noes,  0. 

Mr.  Hough,  at  his  own  request,  was  excused  from  voting. 

Those  voting  in  the  affirmative  are — Messrs.  Barela,  Boyles, 
Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper,  Crosby,  Douglas, 
Elder,  Ebert,  Felton,  Garcia,  Hurd,  Head,  James,  Kennedy,  Lee, 
Marsh,  Meyer,  Plumb,  Pease,  Quillian,  Rockwell,  Stone,  Stover, 
Thatcher,  Vijil,  Webster,  White,  Wells,  Wilcox,  Wheeler,  Wid- 
derfield, Yount  and  Mr.  President. 

So  the  third  resolution  of  Mr.  Bromwell,  as  amended,  was 
adopted. 

On  motion  of  Mr.  Elder  the  Convention  resolved  itseii'  into 
the  Committee  of  the  Whole  Convention,  Mr.  Douglas  in  the 
chair,  to  consider  the  report  of  the  Standing  Committee  on  the 
Executive  Department;  and  after  some  time  spent  therein,  the 
President  resumed  the  chair  and  Mr.  Douglas  reported  that  the 
Committee  of  the  Whole  having,  according  to  order,  had  under 
consideration  said  report,  had  made  some  progress  therein,  and 
asked  that  leave  be  granted  to  sit  again  at  '2  o'clock  ihis  ;.fter- 
noon. 

On  motion  of  Mr.  Kennedy  the  report  was  received  and  leave 
granted  to  sit  again. 

On  motion  of  Mr.  Kennedy  the  convention  adjourned  until 
two  o'clock  this  afternoon. 

TWO  O'CLOCK,  P.  M. 

Committee  met  pursuant  to  adjournment. 

Roll  call. 

Absent — Mr.  Plumb. 

On  motion  of  Mr.  Wheeler  leave  of  absence  until  to-morrow 
was  granted  to  Mr.  Plumb. 

On  motion  of  Mr.  Quillian  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  further  consider  the  report  of  the 


122  PROCEEDINGS    OP   THE 

Standing  Committee  on  the  Executive  Department,  Mr.  Douglas 
in  the  chair,  and  after  some  time  spent  therein  the  President 
resumed  the  chair  and  Mr.  Douglas  reported  that  the  Committee 
of  the  Whole  having,  according  to  order,  had  under  consideration 
the  report  of  the  Standing  Committee  on  the  Executive  De- 
partment, had  made  further  progress  ilievein,  and  asked  that 
leave  be  granted  to  sit  again  to-morrow  ;it  1.0  o'clock  a.  in. 

On  motion  of  Mr.  Kennedy  the  report  was  received  and  leave 
granted  to  sit  again  at  10  o'clock  a.  m.  to  morrow. 

On  motion  of  Mr.  Kennedy  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL    CONVENTION.  123 


SATURDAY,  JANUARY  15,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Bliss. 

Roli  called. 

Absent — Messrs.  Barela,  Boyles,  Beck,  Gar<  ia,  Pease,  Stone, 
Stover,  Thatcher,  Webster  and  Wilcox. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Widderfield  asked  leave  of  absence  for  this  day  for  Mr. 
Stover,  which  was  granted. 

Mr.  Carr  asked  leave  of  absence  for  a  few  days  for  Mr.  Beck, 
which  was  granted. 

Mr.  Webster  appeared  and  took  his  seat 

Mr.  Carr,  Chairman  of  the  Committee  OQ  Military  Affairs, 
presented  the  report  of  that  Committee,  and  OQ  his  own  motion, 
it  was  laid  on  the  table  and  ordered  printed. 

The  report  is  as  follows: 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado. 

Gentlemen — Your  Committee  on  Military  Affairs  beg  leave 
to  submit  the  following  report. 

For  the  Committee, 

B.  L.  CARR, 
Chairman. 

MILITIA. 

Section  1.  The  Militia  of  the  State  of  Colorado  shall  con- 
sist of  all  able-bodied  male  persons,  resident  within  the  State, 
between  the  ages  of  eighteen  and  forty-five  years,  except  such 
persons  as  now  are  or  may  hereafter  be  exempted  by  the  laws  of 
the  United  States  or  of  this  State. 

Sec.  2.  The  Legislature  in  providing  for  the  organization, 
equipment  and  discipline  of  the  Militia  shall  conform  as  nearly 
as  practicable  to  the  regulations  for  the  government  of  armies  of 
the  United  States. 

Sec.  3.  Each  company  shall  elect  its  own  officers,  who  shall 
be  commissioned  by  the  Governor,  but  if  any  company  shall  fail 
to  elect  such  officers  within  the  time  prescribed  by  law  they  may 
be  appointed  by  the  Governor. 

Sec.  4.  All  general,  field  and  staff  officers  shall  be  appointed 
and  commissioned  by  the  Governor,  and  shall  hold  their  offices 
for  such  time  as  may  be  prescribed  by  law. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief,  and 
shall  have  power  to  call  out  the  Militia  to  execute  the  laws,  to 
suppress  insurrection  and  repel  invasion. 


124  PROCEEDINGS    OF    THE 

Sec.  6.  The  Legislature  shall  provide  for  the  safe  keeping 
of  the  public  arms,  military  records,  business  and  relics  of  the 
State. 

Sec.  7.  No  person  having  conscientious  scruples  against 
bearing  arms  shall  be  compelled  to  do  militia  duty  in  time  of 
peace,  provided  such  person  shall  pay  an  equivalent  for  such  ex- 
emption. 

On  motion  of  Mr.  Marsh,  the  special  order  of  this  day  (the 
consideration  of  the  report  of  the  Standing  Committee  on  Bill  of 
Eights)  was  discharged. 

Messrs.  Boyles  and  Stone  appeared  and  took  their  seats. 

On  motion  of  Mr.  Wells,  the  rules  of  the  Convention  were 
suspended  and  the  report  of  the  Committee  on  Executive  Depart- 
ment taken  up  for  consideration,  and  on  motion  of  Mr.  Wells, 
the  Convention  resolved  itself  into  Committee  of  the  Whole  Con- 
vention to  consider  the  report  of  the  Committee  on  Executive 
Department,  Mr.  Douglas  in  the  chair,  and  after  some  time  spent 
therein  the  President  resumed  the  chair  and  Mr.  Douglas  reported 
that  the  Committee  of  the  Whole  Convention  having,  according 
to  order,  had  under  consideration  the  report  of  the  Committee  of 
the  Executive  Department,  had  made  further  progress  therein, 
and  asked  leave  to  sit  again. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Committee  of 
the  Whole  was  received  and  leave  granted  to  sit  again. 

The  President  appointed  Messrs.  Bromwell,  WTilcox,  Stone, 
Carr,  White,  Quillian  and  Boyles  as  a  Standing  Committee  on 
Commerce,  in  accordance  with  the  resolutions  adopted  yesterday. 

On  motion,  leave  of  absence  during  the  ensuing  week  was 
granted  to  Messrs.  Meyer,  Head,  Carr,  Quillian  and  White. 

On  motion  of  Mr.  Clark  the  Convention  adjourned  until  2 
o'clock  this  afternoon. 

TWO  O'CLOCK,  P.  M. 

Convention  met  pursuant  to  adjournment. 

Koll  called.  Absent — Messrs.  Boyles,  Beck,  Meyer,  Pease, 
Stone,  Stover,  Webster  and  Wilcox. 

Messrs.  Webster,  White,  Boyles  and  Stone  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Stand- 
ing Committee  on  Executive  Department,  Mr.  Douglas  in  the 
chair,  and  after  some  time  spent  therein  the  President  resumed 
the  chair  and  Mr.  Douglas  reported  that  the  Committee  of  the 
Whole  Convention  having,  according  to  order,  had  under  con- 
sideration the  report  of  the  Standing  Committee  on  Executive 
Department,  had  made  further  progress  therein,  and  asked  leave 
to  sit  again. 


CO  .\STITrTln.\A  I.    CON  \T..\T  I  ON.  125 

On  motion  of  .Mr.  -James,  ilic  report  of  the  <  'mnmit  tee  of  the 
\Vholr  \\as  received  and  leave  granted  to  sit  again  at  two  o'clock 
a.  in.  next  Monday. 

On  motion  of  Mr.  Vomit,  the  Convention  adjourned  until 
Mondav  next  at  ten  o'clock  a.  in. 


126  PROCEEDINGS    OF    THE 


MONDAY,   JANUARY  17,   1876,   10   O'CLOCK  A.   M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Sturtevant. 

Roll  called.  Absent — Messrs.  Bromwell,  Beck,  Carr,  Hurd. 
Head,  Meyer,  Quillian,  Rockwell,  Stone,  White  and  Wilcox. 

The  Journal  was  read  and  approved. 

Messrs.  Bromwell,  Stone  and  Hurd  appeared  and  took  their 
seats. 

Mr.  Pease  offered  the  following  resolution : 

Resolved,  That  there  shall  be'  engrafted  into  the  Constitu- 
tion of  this  State  a  section  or  clause  in  substance  as  follows : 

It  shall  be  held  a  crime,  subjecting  the  offender  on  conviction 
thereof  to  fine  and  imprisonment,  to  bring,  import,  manufacture, 
make  or  sell  any  adulterated,  drugged  or  medicated  spirituous 
liquors,  whether  denominated  spirituous,  vinous  or  malt,  within 
this  State. 

On  his  own  motion  the  resolution  was  ordered  printed  and 
the  consideration  thereof  made  the  special  order  for  next  Mon- 
day. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  Convention  to  further  consider  the 
report  of  the  Committee  on  Executive  Department,  Mr.  Douglas 
in  the  chair,  and  after  some  time  spent  therein  the  President 
resumed  the  chair  and  Mr.  Douglas  made  the  following  report: 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  w^as  referred  the  report  of  the  Committee  of  the  Executive 
Department,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  directed  me  to  report  the  same 
back  with  sundry  amendments,  and  ask  the  concurrence  of  the 
Convention  therein  in  the  words  following,  to-wit : 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General  and  Superintendent  of 
Public  Instruction,  each  of  whom  shall  hold  his  office  for  the  term 
of  two  years,  beginning  on  the  second  Tuesday  of  January  next 
after  his  election,  and  until  his  successor  is  elected  and  qualified. 
With  the  exception  of  the  Lieutenant-Governor  they  shall  each 
during  their  term  of  office  reside  at  the  seat  of  government,  where 
they  shall  keep  the  public  records,  books  and  papers,  and  shall 
perform  such  duties  as  are  prescribed  by  this  Constitution  or 
by  law. 


CONSTITUTIONAL    (  ON  VKN  I  K  ).\  .  127 

Sec.  i'.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  the  Governor,  who  shall  take  care  that  the  laws  be 
fni tli fully  executed. 

Sec.  3.  The  officers  named  in  section  one  of  this  article  shall 
be  chosen  on  the  day  of  the  general  election  by  the  qualified 
electors  of  the  State,  at  the  place  where  they  shall  vote  for  repre- 
sentatives. The  returns  of  every  election  for  State  officers  shall 
be  sealed  up  and  transmitted  to  the  Secretary  of  State,  directed 
to  the  Speaker  of  the  House  of  Representatives,  who  shall,  imme- 
diately upon  the  organization  of  the  House,  and  before  proceeding 
to  other  business,  open  and  publish  the  same  in  the  presence  of  a 
majority  of  the  members  of  both  Houses  of  the  General  Assembly, 
who  shall  for  that  purpose  assemble  in  the  House  of  Representa- 
tives. The  persons  [person]  having  the  highest  number  of  votes 
shall  be  declared  duly  elected  to  the  office  for  which  he  has  been 
voted  for,  but  if  two  or  more  be  equal  and  highest  in  votes,  one 
of  them  shall  be  chosen  to  the  office  by  the  joint  votes  of  both 
Houses.  Contested  elections  for  the  said  offices  shall  be  deter- 
mined by  both  Houses  of  the  General  Assembly  by  joint  ballot 
in  such  manner  as  may  be  prescribed  by  law. 

See.  4.  All  civil  State  officers  shall  be  liable  to  impeachment 
for  any  misdemeanor  in  office. 

&ec.  5.  No  person  shall  be  eligible  to  the  office  of  Governor, 
Lieutenant-Governor  or  Superintendent  of  Public  Instruction  ex- 
cept a  citizen  of  the  United  States  and  of  the  State,  and  [who] 
shall  have  attained  the  age  of  thirty  years,  and  has  been  an  in- 
habitant of  the  State  for  two  years  next  preceding  his  election. 
No  one  shall  be  eligible  to  the  office  of  Secretary  of  State,  Audi- 
tor of  State,  State  Treasurer  or  Attorney  General  unless  he  shall 
be  of  the  age  of  twenty-five  years  and  have  all  the  other  qualifica- 
tions for  Governor,  and  shall  have  been  a  resident  of  the  State 
for  two  years  next  preceding  his  election.  Nor  shall  any  one  be 
eligible  to  the  office  of  Attorney  General  unless  he  be  a  regularly 
licensed  attorney  and  counsellor  at  law  of  the  Supreme  Court  of 
the  Territory  or  State  of  Colorado,  in  good  standing. 

Sec.  6.  The  Governor  shall  be  Commander-in-Chief  of  the 
Military  forces  of  the  State,  except  when  they  shall  be  called  into 
active  service  of  the  United  States. 

Sec.  7.  The  Governor  shall  nominate,  and  by  and  with  the 
consent  of  the  S-enate,  appoint  all  officers  whose  offices  are  estab- 
lished by  this  Constitution  or  which  may  be  created  by  law  and 
whose  appointment  or  election  is  not  otherwise  provided  for.  In 
case  of  a  vacancy  in  any  office,  which  is  not  elective,  during  the 
recess  of  the  Senate,  the  Governor  shall  make  a  temporary  ap- 
pointment until  the  next  meeting  of  the  Senate,  when  he  shall 
nominate  some  person  to  fill  such  office,  and  any  person  so  nomi- 
nated who  is  confirmed  by  the  Senate  shall  hold  his  office  until 
his  SIK •< -essor  shall  be  appointed  and  qualified. 


128  PROCEEDINGS    OF    THE 

If  the  office  of  Auditor  of  State,  State  Treasurer,  Secretary 
of  State,  Attorney  General  or  Superintendent  of  Public  Instruc- 
tion shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall 
be  the  duty  of  the  Governor  to  fill  the  same  by  appointment,  and 
the  appointee  shall  hold  his  office  until  his  successor  shall  be 
elected  and  qualified  in  such  manner  as  may  be  provided  by  law. 

The  Senate,  in  deliberating  upon  executive  nominations,  may 
sit  with  closed  doors,  but  in  acting  upon  the  nominations  they 
shall  sit  with  open  doors,  and  the  vote  shall  be  taken  by  ayes 
and  noes,  which  shall  be  entered  upon  the  Journal. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction  for  all  offenses  except 
treason  or  conviction  of  impeachment,  subject  to  such  regulations 
as  may  be  provided  by  law  relative  to  the  manner  of  applying  for 
pardons,  but  he  shall  in  every  case  where  he  may  exercise  this 
power  send  to  the  General  Assembly  at  its  first  session  thereafter 
a  transcript  of  the  petition,  all  proceedings  and  his  reasons  for 
his  actions.  In  every  case  where  a  pardon  has  been  granted  or  a 
person  has  served  out  his  full  term  of  confinment  in  accordance 
with  his  sentence,  he  shall  at  once,  without  further  action,  be 
invested  with  all  the  rights  and  privileges  of  a  citizen. 

Sec.  9.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  which  informa- 
tion shall  be  given  upon  oath  whenever  so  required ;  he  may  also 
require  information  in  writing  at  any  time,  under  oath,  from  all 
officers  and  managers  of  State  institutions,  upon  any  subject 
relating  to  the  condition,  management  and  expenses  of  their  re- 
spective offices  and  institutions.  The  Governor  shall  at  the  com- 
mencement of  each  session,  and  from  time  to  time,  by  message, 
give  the  General  Assembly  information  of  the  condition  of  the 
State,  and  shall  recommend  such  measures  as  he  shall  deem  ex- 
pedient. He  shall  also  send  to  the  General  Assembly  a  statement, 
with  vouchers,  of  the  expenditures  of  all  moneys  belonging  to  the 
State  and  paid  out  by  him.  He  shall  also,  at  the  commencement 
of  each  session,  present  estimates  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  purposes  of  the  State. 

S^ec.  10.  The  Governor  may,  on  extraordinary  occasions, 
convene  the  General  Assembly  by  proclamation,  stating  therein 
the  purpose  for  which  it  has  been  convened,  but  at  such  special 
sessions  no  business  shall  be  transacted  other  than  that  specially 
named  in  the  proclamation  by  which  it  was  convened.  He  may 
convene  the  Senate  in  extraordinary  session  by  proclamation  for 
the  transaction  of  executive  business. 

Sec.  11.  The  Governor,  in  case  of  a  disagreement  between 
the  two  houses  as  to  the  time  of  adjournment  may,  upon  the 
same  being  certified  to  him  by  the  house  last  moving  adjourn- 
ment, adjourn  the  General  Assembly  as  he  may  think  proper,  but 
in  no  case  for  a  longer  time  than  the  first  day  of  the  next  regular 
session. 


CONsiii!  TIONAL    CONVENTION.  129 

Sec.  IL*.  The  Governor  shnl  I  have  power  to  remove  any  officer 
lie  HIM  v  appoint  in  case  of  incompetency,  neglect  of  duty  or  mal- 
feasance in  office. 

Sec.  13.  Every  bill  passed  by  the  General  Assembly  shall 
before  it  becomes  a  law  be  presented  to  the  Governor;  if  he  ap- 
prove he  shall  sign  it,  and  thereupon  it  shall  become  a  law,  but 
if  he  do  not  approve  he  shall  return  it  with  his  objections  to  the 
house  in  which  it  shall  have  originated,  which  house  shall  enter 
the  objections  at  large  upon  its  Journal  and  proceed  to  recon- 
sider the  bill.  If  then  two-thirds  of  the  members  elected  agree  to 
pass  the  same  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  elected  to  that  House, 
it  shall  become  a  law  notwithstanding  the  objections  of  the  Gov- 
ernor. But  in  all  such  cases  the  vote  of  each  House  shall  be  de- 
termined by  ayes  and  noes,  to  be  entered  upon  the  Journal.  If 
any  bill  shall  not  be  returned  by  the  Governor  within  ten  days 
after  it  shall  have  been  presented  to  him  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  General  Assembly 
shall  by  their  adjournment  prevent  its  return,  in  which  case  it 
shall  be  filed  with  his  objections  in  the  office  of  the  Secretary  of 
State  within  thirty  days  after  said  adjournment,  or  else  become 
a  law. 

Sec.  14.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  law  and  the  item  or  items  of  appropriations  dis- 
approved shall  be  void. 

If  the  General  Assembly  be  in  session  he  shall  transmit  to 
the  House  in  which  the  bill  originated  a  copy  of  such  statement, 
and  the  items  objected  to  shall  be  separately  reconsidered  and 
each  item  shall  then  take  the  same  course  as  is  prescribed  for  the 
passage  of  bills  over  the  Executive  veto. 

Sec.  15.  In  case  of  the  death  or  conviction  of  felony  or  in- 
famous misdemeanor,  impeachment,  failure  to  qualify,  resigna- 
tion, absence  from  the  State,  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  office  for  the  residue 
of  the  term,  or  until  the  disabilities  shall  be  removed,  shall  de- 
volve upon  the  Lieutenant-Governor. 

Sec.  16.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  and  shall  vote  only  when  the  Senate  is  equally  divided. 
In  case  of  the  absence,  impeachment  or  disqualification  of  the 
Lieutenant-Governor  or  when  he  shall  hold  the  office  of  Governor, 
then  the  President  pro  tempore  of  the  Senate  shall  perform  the 
duties  of  the  Lieutenant-Governor  until  the  vacancy  is  filled  or 
the  disability  removed. 

Sec.  17.  In  case  of  the  failure  to  qualify  in  his  office,  death, 
resignation,  absence  from  the  State,  impeachment,  conviction  of 


130  PROCEEDINGS    OF    THE 

felony  or  infamous  misdemeanor  or  disqualification  by  any 
means,  of  both  the  Governor  and  Lieutenant-Governor,  the  duties 
of  the  Governor  shall  devolve  on  the  President  of  the  Senate 
pro  tempore  until  such  disqualification  of  either  the  Governor  or 
Lieutenant-Governor  be  removed  or  the  vacancy  be  filled;  and 
if  the  President  of  the  Senate  for  any  of  the  above  named  causes 
shall  become  incapable  of  performing  the  duties  of  Governor,  the 
same  shall  devolve  upon  the  Speaker  of  the  House. 

Sec.  18.  An  account  shall  be  kept  by  the  officers  of  the 
Executive  Department  and  of  all  public  institutions  of  the  State, 
of  all  monies  received  or  disbursed  by  them  severally  from  all 
sources  and  for  every  service  performed,  and  a  semi-annual  re- 
port thereof  be  made  to  the  Governor  under  oath. 

Sec.  19.  The  officers  of  the  Executive  Department  and  of  all 
public  institutions  of  the  State  shall,  at  least  ten  days  preceding 
each  regular  session  of  the  General  Assembly,  send  a  full  and 
complete  report  of  their  actions  to  the  Governor,  who  shall  trans- 
mit the  same  to  the  General  Assembly  at  their  session. 

Sec.  20.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  shall  be  called  the  Great 
Seal  of  the  State  of  Colorado.  The  Seal  of  the  Territory  of  Colo- 
rado as  now  used  shall  be  the  Seal  of  the  State  until  otherwise 
provided  by  law. 

S«ec.  21.  The  officers  named  in  this  article  shall  perform 
such  duties  as  are  required  in  the  Constitution  or  by  law,  and 
shall  receive  for  their  services  a  salary  to  be  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official 
terms.  It  shall  be  the  duty  of  all  such  officers  to  collect  in  ad- 
vance all  fees  for  services  rendered  by  them  severally,  and  pay 
the  same  into  the  State  Treasury. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall  be 
ex  officio  State  Librarian. 

Sec.  23.  Neither  the  State  Treasurer  nor  State  Auditor  shall 
be  eligible  for  re-election  as  their  [his]  own  immediate  succes- 
sors [successor]. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Committee  of 
the  Whole  was  received,  ordered  engrossed  and  printed,  and  laid 
upon  the  table  for  future  consideration. 

Mr.  Elder,  Chairman  of  the  Committee  on  the  Executive 
Department,  reported  back  to  the  Convention  the  resolutions 
which  had  been  referred  to  the  Committee  with  reference  to  the 
creation  of  the  office  of  Commissioner  of  Mines  and  Geologist, 
and  moved  that  the  resolutions  be  referred  to  the  Committee  on 
Mines  and  Mining,  which  was  agreed  to,  and  the  resolutions  were 
so  referred. 

On  motion  of  Mr.  Kennedy,  the  rules  were  suspended  and 
Mr.  Thatcher,  chairman  of  the  Committee  'on  Legislature  and 
Legislation,  presented  the  report  of  that  Committee,  as  follows: 


131 

henver,  Colorado,  January    IT.   IsTU. 
To   the   Honorable    I'rrsidi'iit    and   Constitutional   Convention  of 

Colorado: 

( ient  lemeii  Your  ( 'oiimiit  Ice  on  tin-  Legislature  and  Legis- 
lalion,  lo  whom  \vas  i-efVrred  the  subject  mat  In-  relating  to 
those  brant-Ins  of  i he  Constitution,  beg  leave  to  state  that  they 
have  had  the  same  under  consideration,  and  present  the  accom- 
panying articles  as  their  report,  all  of  which  is  respectfully  sub- 
mitted. 

HENRY   C.  THATCHER, 

Chairman. 

THE  LEGISLATURE. 

Section  1.  The  legislative  power  shall  be  vested  in  the  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in  No- 
vember in  the  year  of  our  Lord  1876,  and  every  two  years  there- 
after, in  each  county,  at  such  places  therein  as  are  now  or  here- 
after may  be  prescribed  by  law.  The  first  election  for  members 
of  the  General  Assembly  under  the  State  organization  shall  be 
conducted  in  the  same  manner  as  is  prescribed  by  the  laws  of 
Colorado  Territory  regulating  elections  therein  for  members  of 
the  Legislative  Assembly  of  said  Territory.  When  vacancies 
occur  in  either  House  the  Governor  or  person  exercising  the 
powers  of  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided,  and  Representatives  for  the  term 
of  two  years. 

Sec.  4.  No  person  shall  be  a  Representative  or  Senator  who 
shall  not  have  attained  the  age  of  25  years;  who  shall  not  be  a 
citizen  of  the  United  States;  who  shall  not  have  resided  within 
the  limits  of  the  county  or  district  in  which  he  shall  be  chosen 
twelve  months  next  preceding  his  election,  if  such  county  or  dis- 
trict shall  have  been  so  long  established,  but  if  not,  then  within 
the  limits  of  the  county  or  counties,  district  or  districts  out  of 
which  the  same  shall  have  been  created,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States  or  of  this  State. 

Sec.  5.  The  Senators,  at  their  first  session  herein  provided 
for,  shall  be  divided  by  lot  from  their  respective  counties  or 
districts,  as  near  as  can  be,  into  two  classes. 

The  seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  and  those  of  the  second 
class  at  the  expiration  of  the  fourth  year,  so  that  one-half 
thereof,  as  near  as  possible,  may  be  biennially  chosen  forever 
thereafter. 


132  PROCEEDINGS    OF    THE 

Sec.  6.  As  a  compensation  for  their  services  the  members  of 
the  first  Legislative  Assembly  for  the  first  fifty  days'  attendance 
shall  receive  a  per  diem  of  six  dollars,  and  three  dollars  per  day 
for  each  day's  attendance  thereafter,  and  fifteen  cents  for  each 
mile  necessarily  traveled  in  going  to  and  returning  from  the 
seat  of  government.  The  President  of  the  Senate  and  the 
Speaker  of  the  House  shall  (each)  be  allowed  the  sum  of  four 
dollars  per  day  in  addition  to  his  per  diem  as  a  member.  There- 
after the  compensation  of  the  members  of  the  Legislative  Assem- 
bly shall  be  as  provided  by  law. 

Sec.  7.  The  General  Assembly  shall  meet  at  twelve  o'clock 
noon  on  the  first  Wednesday  in  January,  A.  D.  1877,  and  bienni- 
ally forever  thereafter,  and  at  other  times  when  convened  by  the 
Governor.  The  term  of  service  of  the  members  thereof  shall 
begin  on  the  first  day  of  January  next  after  their  election. 

Sec.  8.  No  Senator  or  Kepresentative  shall,  during  the  time 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  under  this  State,  and  no  member  of  Congress  or  other 
person  holding  any  office  (except  attorney  at  law,  notary  public, 
or  in  the  Militia)  under  the  United  States  or  this  State,  shall 
be  a  member  of  either  House  during  his  continuance  in  office. 

Sec.  9.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury  or  other  infamous  crime,  shall 
be  eligible  to  the  General  Assembly,  or  capable  of  holding  any 
office  of  trust  or  profit  in  this  State. 

Sec.  10.  No  member  of  either  House  shall  during  the  term 
for  which  he  may  have  been  elected  receive  any  increase  of 
salary  or  mileage  under  any  law  passing  during  such  term. 

Sec.  11.  The  Senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  such  other  times  a*s  may  be  necessary,  elect 
one  of  its  members  President  pro  tempore,  who  shall  perform  the 
duties  of  Lieutenant-Governor  in  any  case  of  absence  or  disability 
of  that  officer  and  whenever  the  said  office  of  Lieutenant-Governor 
shall  be  vacant.  The  House  of  Representatives  shall  elect  one  of 
its  members  as  Speaker.  Each  house  shall  choose  its  other 
officers  and  shall  judge  of  the  election  and  qualifications  of  its 
members. 

Sec.  12.  A  majority  of  each  house  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members. 

Sec.  13.  Each  house  shall  have  power  to  determine  the 
rules  of  its  procedings  and  punish  its  members  as  other  persons 
for  contempt  or  disorderly  behavior  in  its  presence,  to  enforce 
obedience  to  its  process,  to  protect  its  members  against  violence 
or  offers  of  bribes  or  private  solicitation,  and  with  the  concur- 
rence of  two-thirds  to  expel  a  member,  but  not  a  second  time  for 
the  same  cause,  and  shall  have  all  other  powers  necessary  for  the 
legislature  of  a  free  State.  A  member  expelled  for  corruption 
shall  not  thereafter  be  eligible  to  either  house,  and  punishment 


CONS  nil  TIONAL   CONVENTION.  133 

fur  r.niiriupt  or  disorderly  behavior  shall  not  bar  an  indictment 
for  Hie  same  offense. 

Sc< .  11.  Each  house  shall  keep  a  Journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  except  such  parts  as  re- 
quire secrecy,  and  the  yeas  and  nays  of  the  members  on  every 
question  shall  at  the  desire  of  any  two  of  them  be  entered  on  the 
Journal. 

Sec.  15.  The  sessions  of  each  house  and  committees  of  the 
whole  shall  be  open  unless  when  the  business  is  such  as  ought 
to  be  kept  secret. 

Sec.  16.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  17.  The  members  of  the  General  Assembly  shall  in  all 
cases  except  treason,  felony,  violation  of  their  oath  of  office  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  sessions  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same,  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in  any  other 
place. 

LEGISLATION. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  so  altered  or  amended  on  its  passage  through  either 
house  as  to  change  its  original  purpose. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be :  Be  it 
Enacted  by  the  General  Assembly  of  the  State  of  Colorado,  as 
follows : 

Sec.  3.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage,  unless  in  case  of  emergency 
i  which  emergency  shall  be  expressed  in  the  preamble  or  body  of 
the  act)  the  General  Assembly  shall  by  a  vote  of  two-thirds  of 
all  the  members  elected  to  each  house  otherwise  direct. 

Sec.  4.  No  bill  shall  be  considered  unless  referred  to  a 
committee,  returned  therefrom  and  printed  for  the  use  of  the 
members. 

Sec.  5.  No  bill  except  general  appropriation  bills  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title. 

Sec.  6.  Every  bill  shall  be  read  at  length  on  three  different 
days  in  each  house.  All  amendments  made  thereto  shall  be 
printed  for  the  use  of  the  members  before  the  final  vote  is  taken 
on  the  bill,  and  no  bill  shall  become  a  law  unless  on  its  final 
passage  the  vote  shall  be  taken  by  yeas  and  nays,  the  names  of 
the  persons  voting  for  and  against  the  same  be  entered  on  the 
Journal,  and  a  majority  of  the  members  elected  to  each  House  be 
recorded  thereon  as  voting  in  its  favor. 

Sec.  7.  No  amendment  to  bills  by  one  house  shall  be  conr 
curred  in  by  the  other  except  by  the  vote  of  the  majority  of  the 


134  PROCEEDINGS    OF    THE 

members  elected  thereto,  taken  by  yeas  and  nays,  and  the  names 
of  those  voting  for  and  against  recorded  upon  the  Journal 
thereof,  and  the  reports  of  committees  of  conference  shall  be 
adopted  in  either  house  only  by  the  vote  of  a  majority  of  the 
members  elected  thereto  taken  by  yeas  and  nays  and  the  names 
of  those  voting  recorded  upon  the  Journal. 

Sec.  8.  No  law  shall  be  revised,  amended  or  the  provisions 
thereof  extended  or  conferred  by  reference  to  its  title  only,  but 
so  much  thereof  as  is  revised,  amended,  extended  or  conferred 
shall  be  re-enacted  and  published  at  length. 

Sec:  9.  It  shall  be  unlawful  for  any  corporation  to  require 
of  its  servants  or  employes  as  a  condition  of  their  employment  or 
otherwise  any  contract  or  agreement  whereby  such  corporation 
shall  be  released  or  discharged  from  reliability  or  responsibility 
on  account  of  personal  injuries  received  by  such  servants  or  em- 
ployes while  in  the  services  [service]  of  such  corporation,  and 
such  contracts  shall  be  absolutely  null  and  void. 

Sec.  10.  The  General  Assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases;  that  is  to 
say,  for  granting  divorces,  laying  .out,  opening,  altering  and 
working  roads  or  highways  vacating  roads,  town  plats,  streets, 
alleys  and  public  grounds;  locating  or  changing  county  seats, 
regulating  county  or  township  affairs,  regulating  the  practice  in 
courts  of  justice,  regulating  the  jurisdiction  and  duties  of  jus- 
tices of  the  peace,  police  magistrates  and  constables;  providing 
for  changes  of  venue  in  civil  or  criminal  cases,  declaring  any 
named  person  of  age ;  for  limitation  of  civil  actions  or  giving  effect 
to  informal  or  invalid  deeds;  summoning  .and  impanelling  grand 
or  petit  juries,  providing  for  the  management  of  common  schools, 
regulating  the  rate  of  interest  on  money,  the  opening  and  con- 
ducting of  any  election  or  designating  the  place  of  voting;  the 
sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability,  the  protection  of  game  or  fish,  chartering  or 
licensing  ferries  or  toll  bridges,  remitting  fines,  penalties  or  for- 
feitures; creating,  increasing  or  decreasing  fees,  percentages  or 
allowances  of  public  officers  during  the  term  for  which  said 
officers  are  elected  or  appointed;  changing  the  law  of  descent, 
granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks ;  granting  to  any  corporation,  associa- 
tion or  individual  any  special  or  exclusive  privilege,  immunity  or 
franchise  whatever;  In  all  other  cases  where  a  general  law  can 
be  made  applicable  no  special  law  shall  be  enacted. 

Sec.  11.  The  General  Assembly  shall  have  no  power  to  re- 
lease or  extinguish  in  whole  or  in  part  the  indebtedness,  liability 
or  obligation  of  any  corporation  or  individual  to  this  State,  or  to 
any  municipal  corporation  therein. 

Sec.  12.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  General  Assembly  after  their  titles 


CONSTm  TloXAI.    <  <  »\  VKNTION.  135 

have  been  publicly  read,  immediately  IK  fore  signing,  and  ihc  fart 
of  signing  shall  In-  entered  on   the  .Journal. 

.  l.'t.  The  General  Assembly  shall  prescribe  by  Ia\v  the 
number,  duties  and  compensation  of  the  oMicers  and  employes 
of  each  house,  and  no  payment  shall  be  made  from  the  treasury 
01-  lie  in  any  way  authori/ed  to  any  person  except  to  an  acting 
oth'< •<•]•  or  employe,  elected  or  appointed  in  pursuance  of  law. 

Sec.  14.  No  bill  shall  be  passed  giving  any  extra  compensa- 
al'ter  services  shall  have  been  rendered  or  contract  made,  nor  pro- 
viding for  the  payment  of  any  claim  against  the  State,  without 
previous  authority  of  law. 

Sec.  15.  All  stationery,  printing,  paper  and  fuel  used  in  the 
Legislature  and  other  departments  of  Government  shall  be  fur- 
nished and  the  printing,  binding  and  distributing  of  the  laws, 
journals,  departments  [department]  reports  and  all  other  print- 
ing and  binding,  and  the  repairing  and  furnishing  the  halls  and 
rooms  used  for  the  meetings  of  the  General  Assembly  and  its 
committees  shall  be  performed  under  contract  to  be  given  to  the 
lowest  responsible  bidder  below  such  maximum  price  and  under 
such  regulations  as  may  be  prescribed  by  law.  No  member  or 
officer  of  any  department  of  the  Government  shall  be  in  any  way 
interested  in  such  contracts  and  all  such  contracts  shall  be  sub- 
ject to  the  approval  of  the  Governor  and  State  Treasurer. 

Sec-.  16.  No  law  shall  extend  the  term  of  any  public  officer  or 
increase  or  diminish  his  salary  or  emoluments  after  his  election 
or  appointment. 

Sec.  17.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  propose  amend- 
ments as  in  other  bills. 

Sec.  18.  The  general  appropriation  bill  shall  embrace  noth- 
ing but  appropriations  for  ordinary  expenses  of  the  Execu- 
tive. Legislative  and  Judicial  Departments  of  the  State,  interest 
on  the  public  debt  and  for  public  schools.  All  other  appropria- 
tions shall  be  made  by  separate  bills,  each  embracing  but  one 
subject. 

Sec.  19.  No  money  shall  be  paid  out  of  the  Treasury  except 
upon  appropriations  made  by  law  and  on  warrant  drawn  by  the 
proper  officer  in  pursuance  thereof. 

Sec.  20.  Xo  appropriations  shall  be  made  for  charitable, 
endowment  or  benevolent  purposes  to  any  person  or  community, 
nor  to  any  denominational  or  sectarian  institution,  corporation 
or  association. 

Sec.  21.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation  or  association  any 
power  to  make,  supervise  or  interfere  with  any  municipal  im- 
provement, mining  property  or  effects,  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  perform  any  municipal  function 
whatever. 


136  PROCEEDINGS    OF    THE 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  administrators,  guar- 
dians or  other  trustees  in  the  bonds  or  stock  of  any  private  cor- 
poration. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  crimi- 
nal cases  shall  be  vested  in  the  Courts,  to  be  exercised  in  such  a 
manner  as  shall  be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  railroad  or  other 
corporation  held  or  owned  by  the  State  shall  ever  be  exchanged, 
transferred,  remitted  or  postponed,  or  in  way  diminished  by  the 
General  Assembly,  nor  shall  such  liability  or  obligation  be  re- 
leased except  by  payment  thereof  into  the  State  Treasury. 

Sec.  25.  When  the  General  Assembly  shall  be  convened  in 
special  session  there  shall  be  no  legislation  upon  subjects  other 
than  those  designated  in  the  proclamation  of  the  Governor  call- 
ing such  session. 

Sec.  26.  Every  order,  resolution  or  vote  to  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  ques- 
tion of  adjournment,  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect  be  approved  by  him,  or,  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  according 
to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  27.  A  member  of  the  General  Assembly  who  shall  so- 
licit, demand  or  receive  or  consent  to  receive,  directly  or  indi- 
rectly, for  himself  or  for  another,  from  any  company,  corporation 
or  person,  any  money,  office,  appointment,  employment,  testimo- 
nial, reward,  thing  of  value  or  enjoyment,  or  of  personal  ad- 
vantage, or  promise  thereof,  for  his  vote  or  official  influence,  or 
for  withholding  the  same,  or  with  an  understanding,  express  or 
implied,  that  his  vote  or  official  action  shall  be  in  any  way  influ- 
enced thereby,  or  who  shall  solicit  or  demand  any  such  money 
or  advantage,  matter  or  thing  aforesaid  for  another  as  the  con- 
sideration of  his  vote  or  official  influence,  or  for  withholding  the 
same,  or  shall  give  or  withhold  his  vote  or  influence  in  considera- 
tion of  the  payment  or  promise  of  such  money,  advantage,  mat- 
ter or  thing  to  another,  shall  be  held  guilty  of  bribery  within 
the  meaning  of  this  Constitution,  and  shall  incur  the  disabilities 
provided  thereby  for  such  offense,  and  such  additional  punish- 
ment as  is  or  shall  be  provided  by  law. 

Sec.  28.  Any  person  who  shall,  directly  or  indirectly,  offer, 
give  or  promise  any  money  or  thing  of  value,  testimonial,  privi- 
lege or  personal  advantage  to  any  executive  or  judicial  officer  or 
member  of  the  General" Assembly  to  influence  him  in  the  per- 
formance of  any  of  his  public  or  official  duties  shall  be  guilty  of 
bribery  and  be  punished  in  such  manner  as  shall  be  provided 
by  law. 

Sec.  29.  The  offense  of  corrupt  solicitation  of  members  of 
,the  General  Assembly  or  of  public  officers  of  the  State  or  of  any 
municipal  division  thereof,  and  any  occupation  or  practice  of 


CONSTrrr  TIO.NAL  <o\\  i:\-i  ION.  137 

solicitation  of  sin-li  members  or  officers  to  influence  their  official 
action,  si. a  11  In-  <lciinc<l  l»\  law  and  shall  be  punished  by  fine  and 
Imprisonment. 

Sec.  .">(>.  Any  member  who  has  a  personal  or  private  interest 
in  aiiy  measure  or  bill  proposed  or  pending  before  the  General 
Assembly  shall  disclose  the  fact  to  the  house  of  which  he  is  a 
member,  and  shall  not  vote  thereon. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed,  laid  upon  the  table  and  made  the  special  order  for 
Wednesday,  January  26. 

On  motion  of  Mr.  Hough,  the  Convention  adjourned  until  2 
o'clock  this  afternoon.  

TWO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barcia,  Boyles,  Beck,  Carr, 
Cushman,  Hurd,  Hough,  Head,  Meyer,  Quillian,  Rockwell,  Stone, 
Webster,  White,  Wilcox  and  Yount. 

On  motion  of  Mr.  Kennedy,  leave  of  absence  was  granted  to 
Mr.  Rockwell  and  to  Mr.  Thatcher  until  Tuesday,  the  25th  day 
of  January. 

Messrs.  Hurd,  Barela,  Boyles,  Stone  and  Yount  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Kennedy,  the  special  order  for  this  day  at 
2  o'clock  was  discharged,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Standing 
Committee  on  Bill  of  Rights,  Mr.  Clark  in  the  chair,  and  after 
some  time  spent  therein,  the  President  resumed  the  chair,  and 
Mr.  Clark  reported  that  the  Committee  of  the  Whole  Convention 
having,  according  to  order,  had  under  consideration  the  report 
of  the  Standing  Committee  on  Bill  of  Rights,  had  made  some 
progress  therein  and  asked  leave  to  sit  again  at  11  o'clock  a.  m. 
to-morrow. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  leave 
granted  to  sit  again  at  11  o'clock  a.  m.  to-morrow. 

Mr.  Bromwell  moved  that  the  consideration  of  the  resolu- 
tions which  were  the  special  order  of  this  day,  be  made  the  spe- 
cial order  for  half  past  10  o'clock  a.  m.  on  Wednesday,  which 
was  agreed  to. 

On  motion  of  Mr.  Crosby,  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrow. 


138  PROCEEDINGS    OF    THE 


TUESDAY,  JANUARY  18,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Beck,  Carr,  Elder,  Head, 
James,  Meyer,  Quillian,  Rockwell,  Thatcher  and  White. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Kennedy  moved  that  the  reading  of  so  much  of  the  Journal 
as  embraced  the  report  of  the  Standing  Committee  on  Legislature 
and  Legislation  be  dispensed  with,  which  wras  agreed  to. 

The  reading  of  the  Journal  was  then  completed  and  the  same 
approved. 

Mr.  Elder  appeared  and  took  his  seat. 

Mr.  Plumb  presented  a  petition  from  citizens  of  Weld 
county,  and  on  his  own  motion  it  was  ordered  spread  on  the 
Journal,  omitting  the  names,  as  follows: 

To  the  Honorable,  the  Constitutional  Convention  of  Colorado : 
Your  petitioners,  deeply  interested  in  the  future  welfare  of 
Colorado,  respectfully  request  you  to  so  frame  the  Constitution 
you  are  to  submit  to  the  people  for  adoption  as  to  leave  the  Leg- 
islature free  in  its  discretion  to  exempt  from  taxation  .all  prop- 
erty exclusively  devoted  to  the  cause  of  education,  houses  of  re- 
ligious worship,  public  libraries  and  all  purely  charitable  and 
benevolent  institutions. 

As  we  believe  such  exemptions  are  necessary  to  the  advance- 
ment of  a  higher  civilization,  to  the  promotion  of  a  higher  moral- 
ity and  to  the  cause  of  humanity  and  Christian  charity,  we  are 
sure  that  a  Constitution  which  prohibits  them  will  meet  with 
the  earnest  opposition  of  a  very  large  class  of  our  people. 

Respectfully  your  fellow  citizens, 
(Signed)  O.  L.  FISHER 

and  42  Others. 

Mr.  Marsh  presented  a  petition  with  the  same  prayer  from 
the  citizens  of  Gilpin  county,  signed  by  M.  S.  Burnhaus  and  28 
others. 

Mr.  Elder  presented  a  petition  with  the  same  prayer  from 
the  citizens  of  Arapahoe  county,  signed  l?y  John  F.  Spalding, 
Bishop  of  Colorado,  and  69  others. 

On  motion  of  Mr.  Elder,  the  three  several  petitions  were  re- 
ferred to  the  Committee  on  Revenue  and  Finance. 

Mr.  Elder  presented  the  following  petition : 

To  the  Honorable,  the  Members  of  the  Constitutional  Convention 

of  Colorado,  Now  Assembled : 

Gentlemen — Your  memorialists,  [memorialist]  the  city  of 
Denver,  by  its  Mayor  and  City  Council,  asks  your  honorable  body 
to  so  frame  the  Constitution  now  under  your  consideration  that 


roNsnn  Tio.VM.   CONVENTION. 


139 


the  Legislature  <>f  tin-  future  State  can  give  authority  In  tin-  city 
to  create  otic  or  more  police  courts,  with  the  same  criminal  juris 
did  i:>n  as  justices  of  the  peace. 

Also,  to  so  frame  the  revenue  portion  of  the  Constitution 
thai  the  city  may  he  aiilhori/i  <1  to  levy  and  collect  assessments 
I'm-  street  ami  sidewattl  improvements  upon  the  property  fronting 
upon  the  said  improvements,  as  is  done  in  the  cities  of  the  older 
stai 


WILLIAM  J.  BARKER, 
Mayor. 
0.    R.   IIARTMANN, 

Alderman  First  Ward. 
.1.  K.  WILSON. 

Alderman  Second  Ward. 
J.  G.  HOFFER, 

Alderman  Second  W:ird 
H.  C.  CLARK. 

Alderman  Third  Ward. 
W.  II.  J.  NICHOLS, 

Alderman  Third  Ward. 


A.  J.  WILLIAMS, 

Alderman  Fourth  Ward. 
GEO.  W.  BROWN, 

Alderman  Fourth  Ward. 
W.  W.  McLELLAX, 

Alderman  Fifth  Ward. 
FRANCIS  M.  CASE, 

Alderman  Fifth  Ward. 
W.  R.  WHITEHEAD, 

Alderman  Sixth  Ward. 
A.  H.  ROOT, 

Alderman  Sixth  Ward. 


On  motion  of  Mr.  Elder,  that  portion  of  the  petition  which 
referred  to  the  subject  of  police  courts  was  referred  to  the  Com- 
mittee on  Judiciary,  and  the  remaining  portion  to  the  Commit- 
tee on  Public  and  Private  Corporations. 

Mr.  Barela  offered  the  following  resolution: 

Resolved,  That  one-fourth  of  all  the  copies  of  the  Constitu- 
tion and  laws  of  the  State  of  Colorado  which  may  be  published, 
together  with  the  same  proportion  of  the  address  of  the  Consti- 
tutional Convention  to  the  people  of  the  Territory  of  Colorado, 
shall  be  printed  in  Spanish,  for  the  benefit  of  the  portion  of  our 
citizens  who  speak  that  language. 

On  motion  of  Mr.  Boyles,  the  resolution  was  ordered  printed 
and  laid  on  the  table,  and  its  consideration  made  the  specie' 
order  for  Tuesday  next. 

Mr.  Felton  offered  the  following  preamble,  and  on  his  own 
motion  it  was  ordered  printed  and  its  consideration  made  the 
special  order  for  Friday  at  2  o'clock. 

Whereas,  The  inhabitants  of  the  Territory  of  Colorado,  in- 
cluded in  the  following  designated  boundaries,  to  wit:  Com- 
mencing on  the  thirty  seventh  parallel  of  north  latitude,  where 
the  twenty -fifth  meridian  of  longitude  west  from  Washington 
crosses  the  same,  thence  north  on  said  meridian  to  the  forty  tirst 
parallel  of  north  latitude,  thence  along  said  parallel  west  to  the 
thirty-second  meridian  of  longitude  west  from  Washington, 
thence  south  on  said  meridian  to  the  thirty-seventh  parallel  of 
north  latitude,  thence  along  said  thirty-seventh  parallel  of  north 
latitude  to  the  place  of  beginning,  are,  by  virtue  of  an  act 
of  the  Congress  of  the  United  States,  approved  March  30,  1875, 


140  PROCEEDINGS    OP    THE 

entitled  "An  act  to  enable  the  people  of  Colorado  to  form  a  Con- 
stitution and  State  government,  and  for  admission  of  the  said 
State  into  the  Union  on  an  equal  footing  with  the  original  states," 
authorized  to  form  for  themselves  out  of  said  Territory  a  State 
government  with  the  name  of  the  State  of  Colorado,  which  State, 
when  formed,  shall  be  admitted  into  the  Union  upon  an  equal 
footing  with  the  original  States  in  all  respects  whatsoever;  and 

Whereas,  The  Governor  of  the  said  Territory,  in  pursuance 
of  the  provisions  of  the  third  section  of  the  said  Enabling  Act, 
did  issue  his  proclamation  calling  for  an  election  to  elect  repre- 
sentatives to  a  convention  to  meet  at  Denver  on  the  twentieth 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-five,  for  the  purpose  of  forming  a  Constitu- 
tion for  the  State  of  Colorado;  and 

Whereas,  The  people  of  the  Territory,  in  accordance  with  the 
provisions  of  the  said  proclamation,  did  hold  an  election  and 
elect  representatives  to  represent  them  in  the  said  convention; 
now,  therefore, 

We,  the  representatives  of  the  people  of  the  Territory  of 
Colorado,  duly  elected  and  in  convention  assembled,  in  pursu- 
ance of  the  aforesaid  enabling  act,  have  ordained  and  established 
the  following  Constitution  and  form  of  government  for  the  State, 
which  we  recommend  to  the  people  of  Colorado  for  their  rati- 
fication. 

Mr.  Kennedy  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Future  Amendments : 

Kesolved,  That  any  amendment  or  amendments  to  this  Con- 
stitution may  be  proposed  in  the  Senate  or  House  of  Representa- 
tives, and  if  the  same  shall  be  agreed  to  by  a  majority  of  the 
members  elected  to  each  house  such  proposed  amendment  or 
amendments  shall  be  entered  upon  their  Journals,  with  the  ayes 
and  nays  taken  thereon,  and  the  Secretary  of  State  shall  cause 
the  same  to  be  published  three  months  before  the  next  general 
election  in  at  least  one  newspaper  in  every  county  in  which  such 
newspaper  shall  be  published,  and  if  in  the  General  Assembly 
next  afterward  chosen  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each 
house,  the  Secretary  of  State  shall  cause  the  same  again  to  be 
published  in  the  manner  aforesaid,  and  such  proposed  amend- 
ment or  amendments  shall  be  submitted  to  the  qualified  electors 
of  the  State  in  such  manner  and  at  such  time,  at  least  three 
months  after  being  so  agreed  to  by  the  two  houses,  as  the  Gen- 
eral Assembly  shall  prescribe,  and  if  such  amendment  or  amend- 
ments be  approved  by  a  majority  of  those  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  Consti- 
tution, but  no  amendment  or  amendments  shall  be  submitted 
oftener  than  once  in  five  years.  When  two  or  more  amendments 
shall  be  submitted  they  shall  be  voted  upon  separately. 


CONSTn  I'TION  A!.    <  o\  VK.\  Tl<  >N.  141 

.Mi-.  Kennedy  moved  to  reconsider  the  vote  of  yesterday, 
\vhereby  ihe  consideration  of  the  report  of  the  Committee  .on 
Bill  of  Rights  in  <  'ommittee  of  the  Whole  Convention  was  made 
the  special  order  for  11  o'clock  to-day,  which  was  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Standing  Committee  on  Bill  of  Rights,  Mr.  Clark  in  the 
chair,  and  after  some  time  spent  therein,  the  President  resumed 
the  chair  and  Mr.  Clark  reported  that  the  Committee  of  the 
Whole  Convention,  to  whom  was  referred  the  report  of  the  Stand- 
ing Committee  on  Bill  of  Rights,  having,  according  to  order,  had 
the  same  under  consideration,  had  made  further  progress  therein 
and  asked  leave  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  leave 
granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Cooper  the  Convention  adjourned  until  2 
o'clock  this  afternoon. 

TWO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Boyles,  Beck,  Carr,  Hurd, 
Head,  James,  Meyer,  Quillian,  Rockwell;  Stone,  Thatcher,  White, 
Wells  and  Wheeler. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  Convention  to  consider  the  report 
of  the  Committee  on  Bill  of  Rights,  Mr.  Clark  in  the  chair,  and 
after  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Clark  submitted  the  following  report : 

Denver,  January  18,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on  Bill 
of  Rights,  having,  according  to  order,  had  the  same  under  con- 
sideration, have  directed  me  to  report  the  same  back,  with  sundry 
amendments,  and  ask  the  concurrence  of  the  Convention  therein 
in  the  following  words,  viz. : 

WM.  M.  CLARK, 

Chairman. 
BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties,  and 
proclaim  the  principles  upon  which  our  government  is  founded, 
we  declare: 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people;  that  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 


142  PROCEEDINGS    OF    THE 

Sec.  2.  That  the  people  of  this  State  have  the  sole  and  ex- 
clusive right  of  governing  themselves  as  a  free,  sovereign  and 
independent  State,  and  to  alter  and  abolish  their  Constitution 
and  form  of  government  whenever  they  may  deem  it  necessary 
to  their  safety  and  happiness;  Provided,  Such  change  be  not 
repugnant  to  the  Constitution  of  the  United  States. 

Sec.  3.  That  all  persons  have  certain  natural,  essential  and 
inalienable  rights,  among  which  may  be  reckoned  the  right  of 
enjoying  and  defending  their  lives  and  liberties;  that  of  acquir- 
ing, possessing  and  protecting  property,  and  of  seeking  and 
(obtaining)  their  safety  and  happiness. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship  without  discrimination  shall  forever  hereafter 
be  guaranteed,  and  no  person  shall  be  denied  any  civil  or  po- 
litical right,  privilege  or  capacity  on  account  of  his  religious 
opinions,  but  the  liberty  of  conscience  hereby  secured  shall  not  be 
construed  to  dispense  with  oaths  or  affirmations,  excuse  acts  of 
licentiousness  or  justify  practices  inconsistent  with  the  good  or 
der,  peace  or  safety  of  the  State;  nor  shall  any  person  be  required 
to  attend  or  support  any  ministry  or  place  of  worship,  religious 
sect  or  denomination  against  his  consent,  nor  shall  any  preference 
be  given  by  law  to  any  religious  denomination  or  mode  of  worship. 

Sec.  5.  That  all  elections  shall  be  free  and  open,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent 
the  free  exercise  of  the  right  of  suffrage. 

Sec.  6.  That  courts  of  justice  shall  be  open  to  every  person 
and  a  speedy  remedy  afforded  for  every  injury  to  person,  property 
or  character,  and  that  right  and  justice  should  be  administered 
without  sale,  denial  or  delay. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  homes  and  effects  from  unreasonable  searches  and  seiz- 
ures, and  no  warrants  to  search  any  place  or  seize  any  person 
or  thing  shall  issue  without  describing  the  place  to  be  searched 
or  the  person  or  thing  to  be  seized,  as  near  as  may  be,  nor  with- 
out probable  cause,  supported  by  oath  or  affirmation  reduced  to 
writing. 

Sec.  8.  That  until  otherwise  provided  by  law  no  person  shall 
for  a  felony  be  proceeded  against  criminally  otherwise  than  by 
indictment  except  in  cases  arising  in  land  or  naval  forces  or  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  dan- 
ger; in  all  other  cases  offenses  shall  be  prosecuted  criminally  by 
indictment  or  information  as  concurrent  remedies. 

Sec.  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it- or  in  adhering  to  its  enemies  and  giving 
them  aid  and  comfort ;  that  no  person  can  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
or  on  his  confession  in  open  court;  that  no  person  can  be  at- 
tainted of  treason  or  felony  by  the  General  Assembly;  that  no 
conviction  can  work  corruption  of  blood  or  forfeiture  of  estate ; 


i  ONJ  i  rn  TIONAI.  CONVCN1  m.\.  1  JU 

that  the  estates  of  >urh  persons  ;is  may  destroy  their  own  lives 
shall  descend  or  vest  ;is  in  rase  of  natural  death,  and  when  ;i 
person  shall  he  killed  by  casualty  then-  shall  he  no  forfeiture  by 
n  ason  |  hereof. 

Sic.  10.  That  no  law  shall  lie  passed  impairing  the  freedom 
of  speech;  that  every  person  shall  he  free  to  say,  write  or  publish 
whatever  lie  will  on  any  subject.  being  responsible  for  all  abuse 
of  thai  liberty,  and  that  in  all  suits  and  prosecutions  for  libel 
the  truth  thereof  may  be  given  in  evidence,  and  the  jury,  under 
the  direction  of  the  court,  shall  determine  the  law  and  the  fact. 

Sec.  11.  That  no  ex  post  facto  law  nor  law  impairing  the 
obligations  of  contracts  or  retrospective  in  its  operation,  or  mak- 
ing any  irrevocable  grant  of  special  privileges,  franchises  or  im- 
munities can  be  passed  by  the  General  Assembly. 

Sec.  12.  No  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  creditors  in  such 
manner  as  shall  be  prescribed  by  law,  or  in  cases  of  tort,  or  where 
there  is  strong  presumption  of  fraud. 

Sec.  18.  That  the  rights  [right]  of  no  person  to  keep  and 
bear  arms  in  defense  of  his  home,  person  and  property,  or  in  aid 
of  the  civil  power  when  thereto  legally  summoned,  shall  be  called 
in  question,  but  nothing  herein  contained  is  intended  to  justify 
tin4  practice  of  carrying  concealed  weapons. 

Sec.  14.  That  no  person  elected  or  appointed  to  any  office 
or  employment  of  trust  or  profit  under  the  laws  of  this  State  or 
any  ordinance  of  any  municipality  in  this  State  shall  hold  such 
office  without  personally  devoting  his  time  to  the  performance  of 
the  duties  of  the  same. 

Sec.  15.  That  no  person  who  is  now  or  may  hereafter  be- 
come a  collector  or  receiver  of  public  money,  or  assistant  or  dep- 
uty of  such  collector  or  receiver,  shall  be  eligible  to  any  office  of 
trust  or  profit  in  the  State  of  Colorado  under  the  laws  thereof 
or  of  any  municipality  therein,  until  he  shall  have  accounted  for 
and  paid  over  all  the  public  money  for  which  he  may  be  account- 
able. 

Sec.  16.  That  no  private  property  can  be  taken  for  private 
use,  with  or  without  compensation,  unless  by  consent  of  the 
owner,  except  for  private  ways  of  necessity  and  except  for  drains 
and  ditches  across  the  lands  of  others  for  agricultural,  mining 
and  sanitary  purposes,  in  such  manner  as  may  be  prescribed  by 
law,  and  that  whenever  an  attempt  is  made  to  take  private  prop- 
erty for  a  use  alleged  to  be  public,  the  question  whether  the  con- 
templated use  be  really  public  shall  be  a  judicial  question,  and 
as  such  judicially  determined,  without  regard  to  any  legislative 
assertion  that  the  use  is  public. 

Sec.  17.  That  private  property  shall  not  be  taken  or  dam- 
aged for  public  use  without  just  compensation;  such  compensa- 
tion shall  be  ascertained  by  a  board  of  commissioners  of  not  less 
than  three  freeholders,  or  by  a  jury  when  required  by  the  owner 


144  PROCEEDINGS    OF    THE 

of  such  property,  in  such  manner  as  may  be  prescribed  by  law, 
and  until  the  same  shall  be  paid  to  the  owner,  or  into  court  for 
the  owner,  the  property  shall  not  be  disturbed  or  the  property 
rights  of  the  owner  therein  divested.  The  fee  of  land  taken  for 
railroad  tracks  without  consent  of  the  owner  thereof  shall  re- 
main in  such  owner,  subject  to  the  use  for  which  it  is  taken. 

Sec.  18.  In  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel ;  to  demand 
the  nature  and  cause  of  the  accusation;  to  meet  the  witnesses 
against  him  face  to  face;  to  have  process  to  compel  the  attend- 
ance of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by  an 
impartial  jury  of  the  county  or  district  in  which  the  offense  is 
alleged  to  have  been  committed. 

Sec.  19.  No  witness  shall  be  imprisoned  for  the  purpose  of 
securing  his  testimony  in  any  case  longer  than  may  be  necessary 
in  order  to  take  his  deposition ;  if  he  can  give  security  he  shall  be 
discharged;  if  he  can  not  give  security  his  deposition  shall  be 
taken  in  the  presence  of  the  accused  and  his  counsel,  and  the 
witness  dicharged  on  his  own  recognizance;  but  such  deposition 
shall  not  be  used  if  the  attendance  of  the  witness  can  be  procured 
by  the  prosecution  or  is  procured  by  the  accused. 

Sec.  20.  That  no  person  shall  be  compelled  to  testify  against 
himself  in  a  criminal  cause,  nor  shall  any  person,  after  being 
once  acquitted  by  a  jury,  be  again  for  the  same  offense  put  in 
jeopardy  of  his  life  or  liberty;  but  if  the  jury  to  which  the  ques- 
tion of  his  guilt  or  innocence  is  submitted  fail  to  render  a  ver- 
dict, the  court  before  which  the  trial  is  had  may,  in  its  discretion, 
discharge  the  jury  and  commit  or  bail  the  prisoner  for  trial  at 
the  next  term  of  court,  or,  if  the  State  business  will  permit,  at 
the  same  term ;  and  if  the  judgment  be  arrested  after  a  verdict  of 
guilty  on  a  defective  indictment,  or  if  judgment  on  a  verdict  of 
guilty  be  reversed  for  error  in  law,  nothing  herein  contained  shall 
prevent  a  new  trial  of  the  prisoner  on  a  proper  indictment  or 
according  to  correct  principles  of  law. 

Sec.  21.  That  all  persons  shall  be  bailable  by  sufficient  sure- 
ties except  for  capital  offenses,  when  the  proof  is  evident  or  the 
presumption  (great);  Provided,  The  court  shall  have  power  to 
commit  at  any  time  on  forfeiture  of  bail  or  recognizance. 

Sec.  22.  That  excessive  bail  shall  not  be  required  nor  ex- 
cessive fines  be  imposed,  nor  cruel  and  unusual  punishment 
[punishments]  inflicted. 

Sec.  23.  That  the  privilege  of  the  writ  of  habeas  corpus  shall 
never  be  suspended,  unless  when  in  case  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

Sec.  24.  That  the  military  shall  always  be  in  strict  subor- 
dination to  the  civil  power;  that  no  soldier  shall  in  time  of  peace 
be  quartered  in  any  house  without  the  consent  of  the  owner,  nor 
in  time  of  war  except  in  the  manner  prescribed  by  law. 


CO.NSTI  ii    i  IMNAI.   CONVBNTIO  11.") 

LT>.  The  rijjlit  <>f  n-jjil  h\  jury  shall  remain  inviolate, 
but  a  jury  for  (he  trial  <»f  civil  cases  in  all  courts,  or  criminal 

>  in  courts  not  of  record,  may  consist  of  less  than  twelve 
men,  as  may  be  prescribed  by  law.  Hereafter  a  grand  jury  shall 
consist  of  twelve  men,  any  nine  of  whom  concurring  may  find  an 
indictment  or  a  true  bill;  Provided,  The  General  Assembly  may 
change  or  abolish  the  grand  jury  system  or  otherwise  regulate 
the  same. 

Sec.  26.  That  the  people  have  the  right  peaceably  to  as- 
semble for  their  common  good,  and  to  apply  to  those  invested 
with  the  powers  of  government  for  redress  of  grievances  by  pe- 
tition or  remonstrance. 

Sec.  27.  That  no  person  shall  b6  deprived  of  life,  liberty  or 
property  without  due  process  of  law. 

Sec.  28.  That  there  shall  never  be  in  this  State  either  slav- 
ery or  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  29.  The  enumeration  in  this  Constitution  of  certain 
rights  shall  not  be  construed  to  deny,  impair  or  disparage  others 
retained  by  the  people. 

On  motion  of  Mr.  Stone,  the  reading  of  the  report  was  dis- 
pensed with. 

On  motion  of  Mr.  Clark,  the  report  of  the  Committee  of  the 
Whole  on  Bill  of  Rights  was  ordered  engrossed  and  printed  and 
laid  upon  the  table,  which  was  agreed  to  by  unanimous  con- 
sent. 

The  business  next  in  order  being  the  consideration  of  the 
resolutions  offered  by  Mr.  Bromwell  and  made  the  special  order 
for  11  o'clock  this  day,  Mr.  Cushman  moved  that  the  resolutions 
be  laid  upon  the  table,  which  was  agreed  to  by  unanimous  con- 
sent. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  presented  the  following  report: 

Denver,  January  18,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Engrossing,  to  whom  was 
referred  report  of  Executive  Committee,  with  instructions  to 
have  it  engrossed,  respectfully  report  the  same  correctly  en- 
grossed. 

(Signed)     A.  D.  COOPER, 

Chairman  of  Committee. 

Mr.  Marsh  moved  to  take  from  the  table  the  resolutions 
offered  by  Mr.  Bromwell  on  the  subject  of  taxation,  which  was 
not  agreed  to. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned  until  10 
o'clock  a.  in.  to-morrow. 


146  PROCEEDINGS    OF    THE 


WEDNESDAY,  JANUARY  19,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Finch. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Beck,  Garcia, 
Head,  Meyer,  Quillian,  Rockwell,  Thatcher,  Webster  and  White. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  James  moved  that  the  reading  of  so  much  of  the  Journal  as 
embraced  the  report  of  the  Committee  on  Bill  of  Rights,  as 
amended  in  Committee  of  the  Whole,  be  dispensed  with,  which 
was  agreed  to. 

The  remaining  portion  of  the  Journal  was  then  read  and  the 
same  approved. 

Messrs.  Barela,  Garcia  and  Webster  appeared  and  took 
their  seats. 

Mr.  Clark  presented  a  petition  from  92  citizens  of  Clear 
Creek  county  praying  that  certain  classes  of  property  be  ex- 
empted from  taxation,  and  on  his  own  motion  the  petition  was 
referred  to  the  Committee  on  Revenue  and  Finance. 

Mr.  Stover  presented  a  petition  from  115  citizens  of  Lari- 
mer county  with  reference  to  the  preamble  to  the  Constitution 
and  the  exemption  from  taxation  of  certain  classes  of  property, 
which  on  his  own  motion  was  referred  to  the  Committee  on  Rev- 
enue and  Finance. 

Mr.  Webster  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Congressional  and  Legislative  Ap- 
portionment : 

Resolved,  That  the  Committee  on  Congressional  and  Legis- 
lative Apportionment  be  instructed  to  enquire  into  the  expedi- 
ency of  securing,  by  constitutional  provision,  to  each  county  in 
the  State  at  least  one  member  of  the  House  of  Representatives. 

The  President  announced  as  the  next  order  of  business  the 
consideration  of  the  following  resolutions  offered  by  Mr.  Brom- 
well,  which  were  the  special  order  for  this  day : 

Resolved,  That  the  Constitution  should  contain  a  provision 
containing  and  making  effectual  the  provisions  of  our  statute 
for  the  determination  of  the  rates  of  charges  upon  water  fur- 
nished for  irrigation  by  the  county  commissioners,  and  that  suit- 
able provisions  be  made  in  the  Constitution  for  the  continuance 
of  said  power  in  the  county  board,  in  case  of  any  change  by  law 
in  the  organization  of  counties  or  of  county  boards. 

Resolved,  That  the  Committee  on  Irrigation  be  instructed  to 
prepare  and  report  a  proper  section  or  sections  fixing  the  prin- 
cipal features  of  the  mode  of  determining  and  adjusting  such 
.rates  of  water  charges  by  the  county  boards,  so  as  to  effectually 


m.N'STITt  "I'lnNAI.    <  <  >\  Vi:\TI<>\  .  117 

protect    the  rights  of  the  parties  furnishing  ;m<l  those  consuming 
water  for  agricultural  and  mining  purposes. 

On  innt  inn  of  Mi-,  <'arr.  the  resolutions  were  laid  upon  the 
tahle  t'm-  future  consideration. 

.Mr.  Kennedy  moved  that  the  report  nf  the  Standing  Commit 
lee  on  .Military  AM'airs  he  taken  frnin  the  table  and  considered  in 
Committee  nf  the  Whole,  which  was  agreed  to. 

<  hi  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Stand- 
ing Committee  on  Military  A  Hairs,  Mr.  Elder  in  the  chair,  and 
after  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Elder  submitted  the  following  report: 

Denver,  January  19,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

(ientlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on  Mili- 
tary Affairs,  having,  according  to  order,  had  under  consideration 
said  report,  have  directed  me  to  report  the  same  back,  with  sundry 
amendments,  and  ask  the  concurrence  of  the  Convention  therein, 
in  the  words  following,  viz. : 

MILITIA. 

Section  1.  The  militia  of  the  State  of  Colorado  shall  consist 
of  all  able  bodied  male  persons,  resident  within  the  State,  between 
the  ages  of  eighteen  and  forty-five  years,  except  such  persons  as 
now  are  or  may  hereafter  be  exempt  by  the  laws  of  the  United 
States  or  of  tin's  State. 

Sec.  2.  The  General  Assembly,  in  providing  for  the  organ- 
ization, equipment  and  discipline  of  the  militia,  shall  conform  as 
nearly  as  practicable  to  the  regulations  for  the  government  of 
the  armies  of  the  United  States. 

Sec.  3.  Each  company  shall  elect  its  own  officers,  who  shall 
be  commissioned  by  the  Governor,  but  if  any  company  shall  fail 
to  elect  such  officers  within  the  time  prescribed  by  law,  they  may 
be  appointed  by  the  Governor. 

See.  4.  All  general,  field  and  staff  officers  shall  be  appointed 
and  commissioned  by  the  Governor,  and  shall  hold  their  offices 
for  such  time  as  may  be  prescribed  by  law. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  and  shall 
have  power  to  call  out  the  militia  to  execute  the  laws,  to  suppress 
insurrection  and  repel  invasion. 

Se<  .  it.  The  General  Assembly  shall  provide  for  the  safe- 
keeping of  the  public  arms,  military  records,  banners  and  relics 
of  the  State. 

Sec.  7.  \o  person  having  conscientious  scruples  against  bear- 
ing arms  shall  be  compelled  to  do  military  duty  in  time  of  peace; 


148  PROCEEDINGS    OF    THE 

Provided,  Such  person  shall  pay  an  equivalent  for  exemption  from 
military  duty. 

On  motion  of  Mr.  Carr,  the  report  was  received  and  laid  upon 
the  table  for  future  consideration. 

On  motion  of  Mr.  Hough,  the  resolutions  offered  by  Mr. 
Bromwell,  as  follows,  were  taken  from  the  table  for  consideration  : 

Resolved,  That  all  property  within  the  State,  being  the  com- 
mon capital  fund  of  the  community,  should  bear  the  public  ex- 
pense by  equitable  imposts  thereon  and  for  such  purpose  every 
description  of  property  should  be  assessed  for  taxation  according 
to  the  actual  commercial  or  exchangeable  value  thereof  at  the 
time  and  place  of  such  assessment. 

First — The  property  of  all  individuals  and  corporations 
should  be  assessed  for  taxation  for  all  purposes,  State,  County, 
City  and  District. 

Second — All  County  buildings  and  grounds  should  be  as- 
sessed for  State  purposes  only ;  not  for  County,  City  or  District. 

Third — All  City  or  Town  buildings  and  grounds  for  State 
and  County  purposes,  but  not  for  City  purposes,  nor  for  school 
purposes  in  school  districts  lying  entirely  within  the  limits  of 
such  City  or  Town. 

Fourth — All  college,  academy  and  school  buildings  and 
grounds  (other  than  public  schools)  for  State  purposes  (except 
for  public  schools)  and  for  no  other  purpose. 

Fifth — All  public  school  buildings  and  grounds  for  State 
and  County  school  purposes  and  not  for  general  purposes  of 
State,  City  or  County,  nor  for  District  school  purposes. 

Sixth — All  property  held  by  or  in  trust  for  churches,  so- 
cieties, cemetery  associations,  and  not  in  actual  use  for  public 
worship  or  burials,  as  provided  eighthly  herein,  shall  be  assessed 
for  all  purposes. 

Seventh — All  church  buildings  and  the  grounds  thereof  in 
which  any  rent  or  price  is  charged,  received  or  paid  for  pews 
or  seats  therein,  shall  be  assessed  for  all  purposes. 

Eighth — All  other  church  buildings  and  grounds  of  the 
same,  exceeding  in  value  assessed  as  aforesaid,  an  aggregate  sum 
of  seven  thousand  dollars,  shall  be  assessed  for  all  purposes  upon 
such  excess. 

Ninth — All  churches  with  so  much  ground  as  may  be  neces- 
sary for  convenient  use  of  the  same,  not  exceeding  in  aggregate 
value  the  sum  of  seven  thousand  dollars,  in  which  the  floor  and 
seats  shall  be  at  all  time  free  to  all  comers  without  respect  of 
persons  and  in  which  no  money  or  valuable  things  shall  be  at 
any  time  collected  for  any  purposes  other  than  to  pay  for  re- 
pairs, fuel  and  lights  therefor,  shall  be  free  from  all  tax. 

Tenth — All  burial  lots  in  any  cemetery  held  for  burial  pur- 
poses only,  after  interment  has  been  made  therein  to  the  extent 
of  twenty-five  feet  square,  and  all  lots  of  ground  donated  and 


CONSTITUTIONAL   CONVENTION.  149 

used  for  free  burial  grounds  and  all  property  actually  used  ex- 
clusively for  asylums,  hospitals  or  infirmaries  for  the  gratuitous 
support,  nursing  and  treatment  of  indigent,  insane,  sick  or  dis- 
abled persons,  and  all  public  monuments  and  those  in  memory  of 
the  dead,  shall  be  free  from  all  tax  whatever. 

Mr.  Bromwwell  moved  that  the  resolutions  be  adopted. 

Mr.  Boyles  appeared  and  took  his  seat. 

On  motion  of  Mr.  Pease  the  Convention  adjourned  until  2 
o'clock  this  afternoon.  

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment.  Roll  called.  Ab- 
sent— Messrs.  Barela,  Boyles,  Ebert,  Hurd,  Head,  Meyer,  Quillian, 
Rockwell,  Stone,  Stover,"  Thatcher,  Webster,  White,  Wells  and 
Widderfield. 

The  Convention  resumed  the  consideration  of  the  resolutions, 
on  the  motion  of  Mr.  Bromwell  this  morning  to  adopt  the  same. 

Messrs.  Webster,  Hurd,  Stover,  Wells,  Ebert  and  Wedder- 
field  appeared  and  took  their  seats. 

Mr.  Ebert  asked  leave  for  the  Secretary  to  read  some  remarks 
on  the  subject  matter  of  the  resolutions  which  he  had  prepared, 
and  there  being  no  objection,  the  Secretary  read  the  same. 

Mr.  Boyles  appeared  and  took  his  seat. 

Mr.  Wilcox,  as  an  amendment,  moved  that  the  resolutions 
be  referred  to  the  Committee  on  Revenue  and  Finance,  which  was 
agreed  to,  and  the  resolutions  were  so  referred. 

On  motion  of  Mr.  Douglas,  the  Convention  adjourned  until  10 
o'clock  A.  M.  tomorrow. 


150  PROCEEDINGS    OF    THE 


THURSDAY,  JANUARY  20TH,  1876,  10  O'CLOCK    A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  offered 
by  the  Rev.  Mr.  Hawley.  Roll  called.  Absent — Messrs.  Barela, 
Boyles,  Head,  Meyer,  Quillian,  Thatcher,  Webster  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Stone  presented  the  following  communication : 
Hon.  J.  C.  Wilson,  President  Constitutional  Convention: 

Dear  Sir: — Yourself,  with  the  members  and  officers  of  the 
Constitutional  Convention,  are  invited  to  an  exhibition  of  the 
deaf  mutes  to  be  given  this  evening,  Thursday,  January  20th,  at 
7:30  o'clock  at  Maennerchor  Hall. 

Respectfully,  your  obedient  servant, 

A.  F.  SHELDON,  R.  J.  BUCKINGHAM, 

Sec.  Deaf  Mute  Inst.  Pres.  Deaf  Mute  Inst. 

Mr.  Boyles  appeared  and  took  his  seat. 

On  motion  of  Mr.  Beck,  the  invitation  was  accepted,  and  the 
thanks  of  the  Convention  returned  to  the  President  of  the  Deaf 
Mute  Institution. 

Mr.  Ellsworth  presented  a  petition  from  Bishop  Machebeuf 
and  fifty-two  other  citizens  of  Arapahoe  County  with  reference 
to  the  exemption  of  certain  classes  of  property  from  taxation, 
which  was  referred  to  the  Committee  on  Revenue  and  Finance. 

Mr.  Beck  moved  that  the  ordinance  or  resolutions  offered 
by  him  on  the  14th  of  January  be  taken  from  the  table  for  con- 
sideration, which  was  agreed  to.  The  ordinance  having  been 
read  by  the  Secretary  as  follows: 

ORDINANCE. 

In  obedience  to  the  requirements  of  an  act  of  Congress  ap- 
proved March  (3)  third,  A.  D.  1875,  to  enable  the  people  of  Colo- 
rado to  form  a  Constitution  and  State  Government,  and  for  the 
admission  of  said  State  into  the  Union  on  an  equal  footing  with 
the  Original  States;  this  Convention,  convened  in  pursuance  of 
said  enabling  act,  does  provide  and  ordain  as  follows,  and  this 
Ordinance  shall  be  irrevocable  without  the  consent  of  the  United 
States  and  the  people  of  the  State  of  Colorado : 

First — That  perfect  toleration  of  religious  sentiment  shall 
be  secured,  and  no  inhabitant  of  said  State  shall  ever  be  molested 
in  person  or  property  on  account  of  his  or  her  mode  of  religious 
worship. 

Second — That  the  people  inhabiting  the  Territory  of  Colo- 
rado, by  their  Representatives  in  Convention  assembled,  do  agree 
and  declare  that  they  forever  disclaim  all  right  and  title  to  the 
unappropriated  public  lands  lying  within  said  Territory,  and 
that  the  same  shall  be  and  remain  at  the  sole  and  entire  disposi- 


151 

lion  <>f  tin'  1'niled  Slates,  and  l!i;il  I  he  hinds  belonging  to  citizens 
of  the  1'nited  States  residing  without  the  said  State  shall  never 
be  taxed  higher  than  the  lands  belonging  to  residents  thereof, 
and  that  no  taxes  shall  be  imposed  by  the  Stale  on  lands  or 
property  therein  belonging  to  or  \vhidi  may  hereafter  be  pur- 
chased bv  the  1'nited  States. 


.Mr.  l.eek  moved  that  the  Ordinance  be  adopted. 

Mr.  linmiwell,  as  an  amendment,  moved  that  it  be  referred 
to  the  Committee  on  Judiciary,  which  was  agreed  to. 

.Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Kin-oiling,  presented  the  following  report: 

Denver,  January  20th,  A.  D.  1876. 

To   fhc    Honorable  President  an<}  Constitutional   Convention   of 
Colorado: 

Gentlemen : — Your  Committee  on  Engrossing,  to  whom  was 
referred  Bill  of  Rights,  as  amended  in  Committee  of  the  Whole, 
with  orders  to  have  the  same  engrossed,  respectfully  report  the 
same  back  correctly  engrossed. 

(Signed)  A.  D.  COOPER, 

Chairman  of  Committee. 

On  motion  of  Mr.  Clark,  the  report  was  received  and  laid 
upon  the  table. 

On  motion  of  Mr.  Stone,  the  Convention  adjourned  until  10 
o'clock  A.  M.  tomorrow. 


152  PROCEEDINGS    OP    THE 


FRIDAY,  JANUARY  21 ST,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  of- 
fered by  the  Rev.  Mr.  Millington.  Roll  called.  Absent— Messrs. 
Barela,  Boyles,  Cooper,  Ebert,  Garcia,  Head,  Marsh,  Meyer,  Quil- 
lian,  Stone,  Storer,  Thatcher,  Vijil  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  White  appeared  and  took  his  seat. 

Mr.  Yount  asked  leave  of  absence  until  next  Wednesday 
for  Mr.  Stover,  which  was  granted. 

Mr.  Hurd  presented  a  petition  from  forty-four  citizens  of 
Clear  Creek  County,  praying  that  a  recognition  of  God  might  be 
made  in  the  preamble  to  the  Constitution,  which  was  referred 
to,  the  Committee  on  Miscellaneous  Subjects. 

Mr.  Cushman  presented^  the  following  petition  from  citizens 
of  Georgetown,  and  on  his  own  motion  it  was  ordered  to  be 
spread  on  the  Journal  and  referred  to  the  Committee  on  Revenue 
and  Finance: 

PETITION. 

To  the  Honorable  Members  of  the  Constitutional  Convention  of 

Colorado,  in  session  in  the  City  of  Denver : 

We,  the  undersigned,  citizens  of  Georgetown,  do  respectfully 
represent : 

That  we  desire  both  to  prevent  the  extravagant  and  danger- 
ous accumulation  of  property  under  Ecclesiastical  Corporations, 
and  also  to  encourage  all  true  and  necessary  religious  enterprises 
as  a  public  benefit,  under  private  control. 

We  do,  therefore,  respectfully  petition  your  honorable  body  to 
subject  to  regular  taxation  so  much,  and  only  so  much,  of  the 
property  of  every  Church  Corporation  as  exceeds  in  assessed 
value  the  sum  of  eight  thousand  dollars. 

(Signed)         A.  J.  CHITTENDEN 
and  59  others. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  pre- 
sented the  following  report : 

Denver,  January  21st,  1876. 
To  the  President  and  Constitutional  Convention  of  Colorado : 

Gentlemen : — Your  Committee  on  Printing,  to  whom  was  re- 
ferred the  report  of  the  Committee  of  the  Whole  on  Bill  of 
Rights,  would  respectfully  report  the  same  back  as  correctly 
printed.  (Signed)  JOHN  S.  HOUGH, 

Chairman  of  Committee. 

On  motion  the  report  of  the  Committee  on  Printing  was  re- 
ceived. 

On  motion  of  Mr.  Douglas  the  Convention  adjourned  until  10 
o'clock  A.  M.  tomorrow. 


CON81  ill    i  IONAL    «  «»\\  i;\  i  m.\.  153 


SATl  KDAV.  .JANUARY  22XD,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  of- 
IVivd  1»\  the  Rev.  Mr.  Bliss.  Roll  called.  Absent— Messrs.  Elder, 
Head,  Lee,  Marsh,  Meyer,  Quillian,  Stone,  Stover,  Webster  and 
Wells. 

Mr.  Beck  asked  for  leave  of  absence  for  this  day  for  Mr. 
Elder,  which  was  granted. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Carr  offered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Education  and  Educational  Institu- 
tions : 

Resolved,  That  all  citizens  of  the  State,  of  the  age  of  twenty- 
one  years  and  upwards,  shall  be  entitled  to  vote  on  all  matters 
pertaining  to  public  schools,  and  shall  be  eligible  to  any  office 
which  may  be  created  by  the  school  laws  of  the  State. 

Mr.  Webster  appeared  and  took  his  seat. 

Mr.  Ebert  presented  a  petition  from  Ex-Governor  Hon.  John 
Evans,  praying  that  protection  be  given  in  the  Constitution  to 
railroad  investments,  which  petition  was  referred  to  the  Special 
Committee  on  Commerce. 

Mr.  Rockwell  offered  the  following  resolution,  which  was  re 
ferred  to  the  Committee  on  Judiciary : 

Resolved,  That  the  Judiciary  Committee  consider  section  25 
of  the  Bill  of  Rights,  and  report  to  this  Convention  whether  or 
not  a  grand  jury  may  lawfully  consist  of  twelve  members,  nine 
of  whom  concurring  may  present  a  true  bill. 

Mr.  Pease  offered  the  following  resolution,  and  moved  that 
it  be  adopted: 

Resolved,  That  the  Committee  on  Printing  and  Binding  make 
arrangements  with  the  proprietors  of  the  daily  newspapers  pub- 
lished in  Denver  and  containing  the  proceedings  of  this  Con- 
vention, whereby  each  member  of  this  Convention  can  obtain 
twelve  copies  of  such  daily  paper  as  he  may  select,  to  be  mailed 
direct  from  the  office  to  their  constituents, 'during  the  sitting  of 
this  Convention,  the  pay  for  same  to  be  placed  on  same  footing 
and  to  stand  same  chance  as  pay  and  mileage  of  the  members 
of  this  Convention;  and  the  question  being  upon  the  motion  of 
Mr.  Pease  to  adopt  the  resolution,  and  being  put,  it  was  decided 
in  the  affirmative,  ayes,  21 ;  noes,  8. 

The  ayes  and  noes  being  demanded,  those  voting  in  the  affirma- 
tive are — Messrs.  Boyles,  Bromwell,  Beck,  Carr,  Cushman,  Clark, 
Cooper,  Crosby,  Douglas,  Ellsworth,  Ebert,  Felton,  Garcia,  Hurd, 
James,  Kennedy,  Pease,  Rockwell,  Wheeler,  Widderfield  and 
Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Hough, 
Plumb,  Vijil,  Webster,  White,  Wilcox  and  Yount. 

So  the  Convention  adopted  the  resolution  offered  by  Mr. 
Pease. 


154  PROCEEDINGS    OF    THE 

Mr.  Hurd  offered  the  following  resolution : 

Resolved,  That  the  Standing  Committee  on  Printing  and  the 
Select  Committee  on  Stationery  be  each  instructed  to  have  all 
bills  for  same  audited,  and  the  cost  of  each  to  this  date  reported 
to  the  Convention. 

On  motion  of  Mr.  Carr,  the  resolution  was  adopted. 

On  motion  of  Mr.  Cooper,  the  rules  were  suspended  and  Mr. 
Felton  moved  to  reconsider  the  vote  by  which  the  Convention 
adopted  the  resolution  offered  by  Mr  "Beck,  and  amended  by 
Mr.  Rockwell,  as  follows: 

Resolved,  That  the  Committee  on  Printing  be  instructed  to 
cause  two  hundred  copies  of  all  resolutions,  motions  and  other 
documents  ordered  printed  for  the  use  of  the  Convention,  ex- 
cept where  a  different  number  is  provided  for,  which  motion  was 
agreed  to. 

The  question  then  being:  Will  the  Convention  now  adopt 
the  resolution  offered  by  Mr.  Beck  as  amended  by  Mr.  Rockwell? 
and  being  put,  it  was  decided  in  the  negative. 

So  the  Convention  refused  to  adopt  the  resolution  offered 
by  Mr.  Beck  and  amended  by  Mr.  Rockwell. 

Mr.  Felton  then  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  Committee  on  Printing  be  instructed  to 
cause  one  hundred  copies  of  all  resolutions,  motions  and  reports 
of  Standing  Committees,  and  one  hundred  and  fifty  copies  of  re- 
ports of  Committee  of  the  Whole,  to  be  printed  for  the  use  of 
the  Convention,  when  any  such  resolution,  motion  or  report  is 
ordered  to  be  printed  by  the  Convention. 

Mr.  Beck  presented  a  petition  from  forty-eight  citizens  of 
Boulder  County,  praying  that  a  recognition  of  God  may  be  made 
in  the  preamble  of  the  Constitution,  which  was  referred  to  the 
Committee  on  Bill  of  Rights. 

On  motion  of  Mr.  Beck,  the  petition  presented  by  Mr.  Wheeler 
on  the  llth  inst.  from  citizens  of  Weld  County  was  taken  from 
the  table,  and  on  motion  of  Mr.  Wheeler,  the  petition  was  re- 
ferred to  the  Committee  on  Bill  of  Rights. 

Mr.  Hough,  Chairman  of  the  Standing  Committee  on  Print- 
ing, reported  back  the  preamble  offered  by  Mr.  Felton,  and  the 
resolution  offered  by  Mr.  Barela  as  correctly  printed,  also  of  the 
report  of  the  Committee  of  the  Whole  on  the  article  entitled, 
Executive  Department,  as  correctly  printed  with  the  following 
exceptions : 

In  section  7,  second  line,  the  word  "the"  should  read  "this," 
and  in  section  9,  eleventh  line,  the  word  "the"  should  be  inserted 
between  the  words  "of"  and  "State." 

There  being  no  objections,  the  reports  were  received  and 
placed  on  file  by  the  Secretary. 

On  motion  of  Mr.  Boyles,  the  Convention  adjourned  until 
10  o'clock  A.  M,  on  Mondav. 


roNSTn  i   i  i<»\.\!,   CONVENTION.  !•">•"> 


MONDAY.  .1AM  AKY  L'lTH,  1S7(5,  10  O'CLOCK  A.  M. 

Convention  HUM  pursuant  to  adjourmiHMit.  Prayer  was  of- 
fered by  Kev.  Mr.  Miller.  Koll  called.  Absent-Messrs.  Boyles, 
Hough,' Head,  Marsh,  Meyer.  Plumb,  Quillian,  Rockwell,  Stone, 
Stover,  Thatcher,  Webster  and  White. 

Mr.  Yount  asked  for  leave  of  absence  until  Wednesday  for 
Mr.  Hough,  which  was  granted. 

Mr.  Douglas  offered  the  following  resolution,  and  on  his  own 
motion  it  was  adopted : 

Resolved,  That  the  President  appoint  a  committee  of  five 
to  prepare  and  publish  an  -address  to  the  people  of  Colorado 
asking  an  earnest  consideration  of  the  Constitution  to  be  sub- 
mitted to  them  for  their  approval,  and  briefly  setting  forth  a  sum- 
mary of  its  provisions  and  claims  for  their  support,  and  urging 
upon  the  voters  of  Colorado  the  importance  of  a  full  and  fair 
expression  of  their  will  at  the  election  appointed  for  its  adoption. 

Messrs.  Webster,  Boyles,  Stone  and  Marsh  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Felton,  the  rules  were  suspended,  and  he 
then  moved  to  reconsider  the  vote  by  which  the  consideration 
of  the  resolutions  offered  by  Mr.  Pease  was  made  the  special 
order  for  11  o'clock,  this  da}',  which  was  agreed  to. 

Thereupon,  Mr.  Felton  moved  that  the  resolution  be  now 
taken  from  the  table,  which  was  also  agreed  to. 

The  resolution  having  been  read  by  the  Secretary  as  follows : 

Resolved,  That  there  shall  be  engrafted  into  the  Constitu- 
tion of  this  State  a  section  or  clause  in  substance  as  follows: 

It  shall  be  held  a  crime  subjecting  the  offender,  on  con- 
viction thereof,  to  fine  and  imprisonment,  to  bring,  import,  manu- 
facture, make  or  sell  any  adulterated,  drugged  or  medicated 
spirituous  liquors,  whether  denominated  spirituous,  vinous  or 
malt,  within  this  State. 

Mr.  Clark  moved  that  the  resolution  be  adopted. 

Mr.  Pease,  as  an  amendment,  moved  to  strike  out  the  words 
"or  medicated"  out  of  the  fourth  line,  and  insert  after  the  word 
adulterated, 'in  the  fourth  line,  the  word  "or;"  also  to  strike  out 
the  words  "or  otherwise"  after  the  word  "malt,,"  in  the  same  line, 
the  words  "or  otherwise,"  after  the  word  "malt,"  in  the  same  line, 
and  to  add  the  words  "the  General  Assembly  shall  have  power 
to  enforce  this  provision  by  appropriate  legislation,"  which 
amendment  was  accepted  by  Mr.  Clark. 

Mr.  Hurd  moved  to  further  amend  by  inserting  the  word 
"poisonous'-  after  the  word  "any,"  in  the  fourth  line,  which 
amendment  was  also  accepted  by  Mr.  Clark. 

Mr.  Stone  offered  the  following  as  a  substitute  for  the  resolu- 
tion as  amended : 


156  PROCEEDINGS    OF    THE 

The  General  Assembly  shall  have  power  to  make  all  need- 
ful and  prudential  sanitary  laws,  and  to  regulate  the  importation, 
manufacture  and  sale  of  liquors,  and  to  prohibit  the  manufacture 
of  poisonous,  adulterated  and  deleteriously  drugged  liquors,  and 
the  sale  thereof  within  the  State  for  a  beverage,  whether  such 
liquors  be  denominated  spirituous,  vinous  or  malt. 

On  motion  of  Mr.  Wilcox,  the  resolution  as  amended,  to- 
gether with  the  substitute  offered  by  Mr.  Stone,  were  referred 
to  the  Committee  on  Judiciary. 

On  motion  of  Mr.  Felton,  the  Convention  adjourned  until  10 
o'clock  A.  M.  tomorrow. 


riTUTIONAL   <  nxvKvnON.  1  ~>~ 


TUESDAY,  JANUARY  25TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  Harford.  Roll  called.  Absent — Messrs.  Barela,  Hough, 
Ih'MiI,  Meyer,  Quilliau,  Rockwell  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Garcia  asked  leave  of  absence  for  two  days  for  Mr. 
Barela,  which  was  granted. 

Mr.  Thatcher  asked  that  Mr.  Quillian's  leave  of  absence  be 
extended  until  Thursday,  which  was  granted. 

Mr.  Wilcox  offered  the  following  resolution,  and  moved  that 
it  be  adopted: 

Resolved,  That  Rule  No.  2  be  so  amended  that  this  Conven- 
tion meet  at  the  hour  of  9  A.  M.  instead  of  10  A.  M.,  as  now  re- 
quired by  said  Rule. 

Mr.  Widderfield  moved  to  amend  the  resolution  by  adding 
the  words,  "This  resolution  to  take  effect  on  Monday  next,  the 
31st  of  January,"  which  amendment  was  accepted  by  Mr.  Wilcox. 

The  question  being  on  the  motion  to  adopt  the  resolution 
offered  by  Mr.  Wilcox,  as  amended  by  Mr.  Widderfield,  and  being 
put,  it  was  decided  in  the  affirmative — ayes  22,  noes  10. 

The  ayes  and  noes  being  demanded,  those  voting  in  the 
affirmative  are — Messrs.  Bromwell,  Carr,  Clark,  Cooper,  Crosby, 
Douglas,  Ellsworth,  Garcia,  James,  Lee,  Marsh,  Plumb,  Stone, 
Stover,  Thatcher,  Vijil,  Wells,  Wilcox,  Wheeler,  Widderfield, 
Yount  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Beck,  Cush- 
man,  Elder,  Ebert,  Felton,  Hurd,  Kennedy,  Pease  and  Webster. 

So,  there  being  the  required  two-thirds  vote  of  the  members 
present  according  to  Rule  56,  the  Convention  altered  Rule  2,  ac- 
cording to  the  resolution  offered  by  Mr.  Wilcox. 

Mr.  Wilcox  offered  the  following  resolution,  and  moved  that 
it  be  adopted : 

Resolved,  That  the  Standing  Committees  of  this  body  be  re- 
quested, and  are  hereby  required,  to  present  their  reports  to  this 
Convention  on  or  before  the  31st  day  of  January  instant,  as  far 
as  practicable  and  consistent  with  the  business  of  this  Convention. 

Mr.  Wells,  as  an  amendment,  moved  to  insert  the  28th  inst. 
in  lieu  of  the  31st,  which  amendment  was  accepted  by  Mr.  Wilcox. 

Mr  Crosby  moved  that  the  resolution  offered  by  Mr.  Wilcox, 
and  amended  by  Mr.  Wells,  be  indefinitely  postponed,  and  the 
question  being  on  the  motion  to  indefinitely  postpone,  and  being 
put,  it  was  decided  in  the  affirmative,  so  the  Convention  in- 
definitely postponed  the  resolution  offered  by  Mr.  Wilcox. 

Mr.  Bromwell  presented  a  petition  from  thirty-three  citizens 
of  Colorado,  praying  the  Convention  to  exempt  certain  classes 


158  PROCEEDINGS    OF    THE 

of  property  from  taxation,  which  was  referred  to  the  Committee 
on  Revenue  and  Finance. 

Mr.  Bromwell,  Chairman  of  the  Standing  Committee  on  State, 
County  and  Municipal  Indebtedness,  presented  the  following 
report : 

Denver,  Colo.,  January  25th,  1876. 
To  the  Honorable  President  and  Constitutional   Convention  of 

Colorado : 

Gentlemen : — Your  Committee  on  State,  County  and  Munici- 
pal Indebtedness  respectfully  report  that  they  have  had  the  sub- 
ject referred  to  them  under  consideration,  and  after  deliberation 
upon  the  numerous  questions  involved  therein,  they  unanimously 
submit  to  this  Convention  for  adoption  a  draft  of  an  article  to 
form  part  of  the  Constitution  of  the  State  and  hereto  subjoined, 
all  of  which  is  respectfully  submitted. 

H.  P.  H.  BKOMWELL, 
WM.  H.  CUSHMAN. 
K.  DOUGLAS, 
A.  K.  YOUNT. 

Section  1.  Neither  the  State  nor  any  county,  city,  town, 
township  or  school  district  shall  lend  or  pledge  the  credit  or 
faith  thereof,  directly  or  indirectly,  absolutely,  conditionally  or 
contingently,  in  any  manner  to  or  in  aid  of  any  person,  associa- 
tion of  persons,  company  or  corporation,  public  or  private,  for 
any  amount  or  for  any  purpose  whatever,  or  assume,  undertake, 
guarantee  or  become  responsible  or  liable  for  any  debt,  under- 
taking, obligation,  contract  or  liability  of  any  person,  association, 
company  or  corporation,  public  or  private,  in  or  out  of  this  State. 

Sec.  2.  Neither  the  State  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  become  a  subscriber  to  or  shareholder 
or  stockholder  in  any  corporation,  joint  stock  company  or  associa- 
tion or  a  joint  owner  with  any  person,  association  or  corpration, 
or  any  municipality  whatever,  in  or  out  of  the  State,  except  as 
to  such  ownership  as  may  accrue  to  the  State  by  escheat  or  by 
forfeiture  of  franchise  or  property,  by  any  person,  association 
or  corporation  as  may  be  prescribed  by  lawr  or  jointly  with  any 
county,  city,  town,  or  school  district,  or  to  either  of  them  jointly 
with  each  other  by  forfeiture  of  real  estate  for  non-payment  of 
taxes  or  by  donation  for  public  u^e  in  such  manner,  and  to  be  so 
disposed  of  as  may  be  provided  by  law. 

Sec.  3.  The  State  shall  not  contract  any  debt  by  bond  or 
other  evidence  of  indebtedness,  except  to  provide  for  casual  de- 
ficiencies of  revenue,  erect  public  buildings  for  use  of  the  State 
solely,  repel  invasion,  suppress  insurrection,  defend  the  State, 
or  assist  in  defending  the  United  States  in  time  of  war,  or  pro- 
vide for  the  defense  of  the  State  when  threatened  by  hostilities; 
and  the  amount  of  debt  contracted  in  any  one  year  to  provide  for 
deficiencies  of  revenue  shall  not  exceed  an  amount  equal  to  one- 
fourth  of  one  mill  on  each  dollar  of  valuation  of  taxable  property 


L59 

within    the   Stale,   and    tin-   a^givii-ate   amount    of  such    debt    shall 
Iiol    ;||    any    I'llle    exceed    nil    amount    equal    In    1  ll  ree  foil  H  lis   of  One 

mill  nil  cadi  <lnllar  ni'  said  valuation,  until  the  aiimiuil  nf  such 
valuation  sliall  equal  one  hundred  millions  of  dollars,  and  there 
after  such  debi  sliall  not  exceed  one  hundred  thousand  dollars, 
except  in  all  cases  as  provided  in  section  5  hereof,  and  ihe  del»t 
incurred  in  any  one  year  for  erection  of  public  buildings  sliall 
not  exceed  an  amount  equal  to  one-half  mill  on  each  dollar  of 
said  valuation,  and  the  a g» resale  amount  of  such  debt  shall  never, 
at  any  time,  exceed  the  sum  of  fifty  thousand  dollars  (except  as 
provided  in  section  5  hereof),  and  in  all  cases  the  valuation,  herein 
mentioned,  shall  be  that  of  the  annual  assessment  last  preceding 
ihe  creation  of  said  debt. 

Sec.  4.  In  no  case  shall  any  debt,  above  mentioned  in  this 
article,  be  created  <  xcept  by  a  law  irrepealable  until  the  in- 
debtedness therein  provided  for  shall  have  been  fully  paid  and 
discharged,  specifying  the  purpose  to  which  the  funds  to  be  raised 
thereby  shall  be  applied,  and  providing  for  the  levying  of  such 
tax  as  will  pay  the  interest  on  ajid  extinguish  the  principal  of 
such  debt  with  [within]  the  time  limited  by  such  law  for  the  pay- 
ment thereof,  which,  in  the  case  of  debts  contracted  for  the  erec- 
tion of  public  buildings  and  supplying  deficiencies  of  revenue, 
shall  not  exceed  fifteen  years,  nor  be  less  than  ten,  and  the  funds 
arising  from  the  collection  of  any  such  tax  shall  be  applied  to 
the  purposes  provided  in  the  law  levying  the  same,  and  to  no 
other  purpose,  until  the  debt  thereby  created  shall  be  discharged 
and  thereupon  such  tax  shall  cease. 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  build- 
ings, but  not  at  any  time  in  excess  of  a  sum  equal  to  three  mills 
on  each  dollar  of  valuation  as  above  herein  described,  may  be 
created  by  a  law  such  as  is  provided  for  such  purpose  in  section  4 
of  this  article,  provided,  that  before  going  into  effect,  the  same 
shall  be  ratified  by  the  vote  of  two-thirds  of  the  qualified  electors 
of  the  State  voting  thereon  at  a  general  election  under  such  pro- 
visions therein  contained  for  that  purpose,  and  for  the  resuming, 
canvassing  and  publishing  such  vote  as  the  General  Assembly  may 
provide. 

Sec.  (>.  Xo  county  or  township  shall  contract  any  debt  by 
bond  or  other  evidence  of  indebtedness,  except  for  the  purpose 
of  erecting  necessary  public  buildings,  or  for  the  making  or  re- 
pairing of  public  roads  or  bridges,  and  such  indebtedness  con- 
tracted in  any  one  year  shall  not  exceed  an  amount  equal  to  two 
mills  on  each  dollar  of  valuation  of  property  subject  to  taxation 
by  such  county  or  township,  as  the  case  may  be,  and  the  aggre- 
gate amount  of  such  debt,  inclusive  of  all  unfunded  or  floating 
indebtedness  of  such  county  or  township  hereafter  created  and 
existing  at  the  time  of  the  creation  of  such  debt,  shall  not  ex- 
ceed an  amount  equal  to  four  mills  on  each  dollar  of  said  last 
mentioned  valuation,  unless,  when  in  manner  provided  by  law, 
fixing  the  rate  of  interest  thereon,  and  providing  for  the  levying 


160  PROCEEDINGS    OF    THE 

of  a  tax  not  exceeding  the  rate  of  three  mills  on  each  dollar  of 
valuation  last  mentioned,  sufficient  to  pay  the  annual  interest  on 
and  extinguish  the  principal  of  such  debt  within  fifteen,  and  not 
less  than  ten,  years  from  the  creation  thereof,  the  question  of 
waiving  such  debt  shall  be  submitted  to  the  qualified  electors  of 
such  county  or  township,  and  two-thirds  of  those  voting  thereon 
shall  vote  in  favor  of  incurring  such  debt. 

Sec.  7.  Any  school  district  may,  for  the  purpose  of  erect- 
ing suitable  school  buildings,  purchasing  ground  therefor,  or  for 
any  other  school  purpose  provided  by  law,  create  a  debt  by  bonds, 
to  run  not  exceeding  fifteen  nor  less  than  ten  years  on  such  terms 
as  may  be  by  law  prescribed  upon  a  vote  of  two-thirds  of  the 
qualified  electors  of  such  district  voting  therefor  in  manner  pre- 
scribed by  law. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  bond  or 
other  evidence  of  indebtedness,  except  by  means  of  an  ordinance 
first  legally  adopted  and  irrepealable  until  the  indebtedmvs 
therein  provided  for  shall  have  been  fully  paid  and  discharged, 
specifying  the  purpose  for  which  the  funds,  to  be  raised  thereby, 
shall  be  applied,  and  providing  for  the  levying  of  such,  not  ex- 
ceeding twelve  (12)  mills  on  each  dollar  of  valuation  of  property 
subject  to  taxation  by  such  city  or  town  as  will  be  sufficient 
to  pay  the  annual  interest  and  extinguish  the  principal  of  such 
debt  within  fifteen,  but  not  less  than  ten,  years  from  the  creation 
thereof,  and  the  funds  arising  from  the  collection  of  such  tax 
shall  be  applied  to  the  purposes  in  such  ordinance  specified,  and 
to  no  other,  until  the  indebtedness  in  such  ordinance  provided  for 
shall  be  paid  and  discharged.  But  no  such  debt  shall  be  created 
until  the  question  of  incurring  the  same  shall  be  submitted  to  the 
vote  of  the  qualified  electors  of  such  city  or  town,  at  a  general 
election  for  the  election  of  councilmen  or  aldermen  thereof,  and 
two-thirds  of  the  said  electors  voting  at  said  election  by  ballot, 
deposited  in  a  separate  ballot  box  in  manner  to  be  provided  by 
law,  shall  vote  in  favor  of  creating  such  debt.  But  the  aggregate 
amount  of  debt  so  created  shall  not,  at  any  time,  exceed  a  sum 
equal  to  three  per  cent  of  the  valuation  last  aforesaid,  except 
debts  contracted  for  the  purpose  of  procuring  supplie's  of  water 
for  such  city  or  town. 

The  valuation  in  this  section  mentioned,  shall  be,  in  all  cases, 
that  of  the  assessment  next  preceding  the  last  assessment  before 
the  adoption  of  such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  impair  the 
obligation  of  any  debt  heretofore  contracted  by  any  county,  city, 
town  or  school  district  in  accordance  with  the  laws  of  Colorado 
Territory,  or  preventing  [prevent]  the  contracting  of  any  debt  or 
the  issuing  of  bonds  thereafter,  in  accordance  with  said  laws, 
upon  any  proposition  for  that  purpose,  which  may  have  been 
according  to  said  laws  submitted  to  the  vote  of  the  qualified 
electors  of  any  county,  city,  town  or  school  district,  before  the 
day  of  this  Constitution  going  into  effect. 


.  ON8TI1  UTIONAL    CONVENTION. 


161 


(Mi  motion  of  Mr.  Marsh,  the  n-purt  \\;is  received,  ordered 
prin I<M!  ;ui(l  niiiilc  the-  special  order  for  Friday  morning. 

Mr.  Vomit  presented  the  following  report  from  the  Committee 
on  Printing.  ;m<l  moved  that  it  be  referred  to  the  Standing  Com- 
mittee on  Accounts  and  l-!\|ienditure8  of  Convention,  which  was 
agreed  to: 

Denver,  January  25th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen: — Your  Committee  on  Printing  beg  leave  to  sub- 
mit to  this  Convention  the  following  bills,  and  ask  that  they  be 
referred  to  the  Committee  on  Accounts  and  Expenditures  of  Con- 
vention : 

Bill  of  Denver  Tribune $252.75 

Bill  of  K.  W.  Woodbury . .   170.42 

Bill  of  W.  N.  Byers. .  .  / 130.69 

Bill  of  Richards  &  Co.  (Stationery) 615.25 

All  of  which  is  respectfully  submitted. 

A.  K,  YOUNT,  for 
JOHN  S.  HOUGH, 
Chairman  of  Committee. 

Mr.  Ebert,  Chairman  of  the  Committee  on  Forest  Culture, 
presented  the  following  as  the  final  report  of  that  committee : 

Denver,  January  25th,  1876. 
To  the  Honorable   President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen : — The  Committee  on  Forest  Culture  to  whom  was 
referred  amendments  (offered  by  Mr.  Wells,  of  Arapahoe,  and 
Mr.  Carr,  of  Boulder),  to  resolutions  of  F.  J.  Ebert,  beg  leave 
to  report  the  same  back,  with  those  amendments,  and  ask  the 
concurrence  of  the  Convention  therein,  in  the  following  words, 
viz.: 

The  Legislature  shall  enact  laws  to  promote  and  encourage 
the  growth  of  forests  on  lands  owned  by  private  persons,  and  to 
prevent  the  destruction  of  forests  growing  upon  the  lands  of  the 
State,  or  upon  any  lands  of  the  public  domain,  the  control  of 
which  shall  be  conferred  by  Congress  upon  the  State. 

(Signed)  F.  J.  EBEKT, 

Chairman  of  the  Committee  on  Forest  Culture. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed,  and  laid  upon  the  table  for  future  consideration. 

Mr.  Garcia  moved  that  the  resolution  offered  by  Mr.  Barela 
on  the  18th  inst.  be  taken  from  the  table  for  consideration,  which 
was  agreed  to. 

The  resolution  was  read  by  the  Secretary,  as  follows: 


162  PROCEEDINGS    OF    THE 

Resolved,  That  one-fourth  of  all  the  copies  of  the  Constitution 
and  laws  of  the  State  of  Colorado,  which  may  be  published,  to- 
gether with  the  same  proportion  of  the  address  of  the  Constitu- 
tional Convention  to  the  people  of  the  Territory  of  Colorado,  shall 
be  printed  in  Spanish  for  the  benefit  of  the  portion  of  our  citizens 
who  speak  that  language. 

Mr.  Kennedy  moved  that  the  resolution  be  adopted. 

Mr.  Garcia  moved,  as  an  amendment,  to  strike  out  all  after 
the  word  "resolved,"  and  insert,  "The  General  Assembly  shall,  at 
each  session,  provide  for  the  publication  of  all  laws,  general  and 
special,  in  English  and  Spanish.  The  number  of  laws  printed 
in  the  Spanish  language  shall  be  in  proportion  as  the  Spanish 
speaking  population  of  the  State  is  to  English." 

Mr.  Ebert  moved  to  so  amend  the  amendment  offered  by  Mr. 
Garcia  as  to  provide  for  the  printing  of  all  laws  in  the  German 
language,  as  well  as  English  and  Spanish. 

Mr.  Carr  moved  that  the  original  resolution  offered  by  Mr. 
Barela,  together  with  the  amendments  thereto  offered  by  Mr. 
Garcia  and  Mr.  Ebert,  be  referred  to  the  Standing  Committee  on 
Miscellaneous  Subjects,  and  the  question  being  on  the  motion  of 
Mr.  Carr  to  refer  the  resolutions  and  amendments  to  the  Com- 
mittee on  Miscellaneous  Subjects,  and  being  put,  it  was  decided 
in  the  affirmative,  so  the  Convention  agreed  to  refer  the  resolutions 
and  amendments  thereto  to  the  Committee  on  Miscellaneous 
Subjects. 

Mr.  Marsh  moved  that  one-fourth  of  all  copies  of  the  Con- 
stitution and  Laws  of  the  State  of  Colorado,  which  may  be  pub- 
lished, together  with  the  same  proportion  of  the  address  of  the 
Constitutional  Convention  to  the  people  of  the  Territory  of  Colo- 
rado, ought  to  be  published  in  Spanish  and  German,  for  the  benefit 
of  the  portion  of  our  citizens  who  speak  that  language,  and  that 
this  resolution  be  referred  to  the  Committee  on  Miscellaneous  Sub- 
jects, to  report  a  provision  to  this  effect  for  the  consideration  of 
this  Convention. 

Mr.  Elder  moved  to  lay  the  motion  of  Mr.  Marsh  upon 
the  table,  and  the  question  being  upon  the  motion  of  Mr.  Elder 
to  lay  the  motion  of  Mr.  Marsh  upon  the  table,  and  being  put, 
and  a  division  being  called  for,  it  was  decided  in  the  affirmative. 
Ayes,  17;  noes,  9. 

So  the  motion  of  Mr.  Marsh  was  laid  upon  the  table. 

Mr.  Beck  moved  to  adjourn  until  10  o'clock  A.  M.  to-morrow, 
and  a  division  being  called,  it  was  decided  in  the  affirmative.  Ayes, 
22;  noes,  7.  So  the  Convention  adjourned  until  10  o'clock  to- 
morrow. 


CONBTli  UTIONAL   CONVEN1  tON, 


WEDNESDAY,  JANUARY  26TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  of- 
fered by  the  Rev.  Mr.  Keller.  Roll  called.  Absent — Messrs  Barela, 
Hough,  Head,  Meyer,  Quillian,  Rockwell  and  White. 

The  Journal  having  been  partially  read,  Mr.  Cooper  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the  re- 
port of  the  Committee  on  State,  County  and  Municipal  Indebted- 
ness be  dispensed  with,  which  was  agreed  to. 

The  reading  of  the  Journal  was  then  completed,  and  the 
same  approved. 

Mr.  Yount  presented  a  petition  from  forty-five  citizens  of 
Larimer  county,  praying  the  Convention  to  so  frame  the  Constitu- 
tion as  to  contain  a  recognition  of  God,  and  to  exempt  certain 
classes  of  property  from  taxation. 

On  motion  of  Mr.  Pease,  the  petition  was  laid  upon  the 
table,  to  be  taken  up  and  considered  by  the  Convention  when  the 
preamble  is  under  discussion. 

Mr.  Yount  presented  the  following  report  from  the  Committee 
on  Printing: 

Denver,  Colo.,  January  26th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen: — Your  Committee  on  Printing,  to  whom  was  re- 
ferred the  report  of  the  Committee  on  Forest  Culture,  would  re- 
spectfully report  the  same  back  as  correctly  printed. 

(Signed)  A.  K.  YOUNT, 

Committee  on  Printing. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Mr.  Wilcox,  Chairman  of  the  Committee  on  Federal  Rela- 
tions, presented  the  following  report: 

Denver,  Colorado,  January  26,  1876. 

To   the   Honorable   the   President   and   Representatives   of  the 
Constitutional  Convention  of  Colorado: 
Gentlemen:     Your    Committee    on    Federal    Relations,    to 
whom  was  referred  the  communication  of  Harvey  Yea  man,  on 
the  subject  of  the  "Old  and  New  Testament,"  beg  leave  to  report 
the  same  back  to  this  Convention  without  recommendation. 

(Signed)     P.  P.  WILCOX, 
Chairman  of  said  Committee. 

On  motion  of  Mr.  Boyles,  the  report  was  referred  back  to 
the  Committee  on  Federal  Relations. 

Mr.  Douglas  moved  that  the  number  of  members  of  the  Spe- 
cial Committee  on  the  preparation  of  an  address  to  the  People 


164  PROCEEDINGS    OF    THE 

of  Colorado,  as  provided  in  the  resolution  adopted  by  the  Con- 
vention on  Monday  last,  be  increased  to  nine,  which  was  agreed 
to. 

On  motion  of  Mr.  Marsh,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  to  consider  the  report  of  the  Standing 
Committee  on  Legislature  and  Legislation,  which  was  the  spe- 
cial order  for  this  day,  Mr.  Boyles  in  the  chair,  and  after  some 
time  spent  therein,  the  President  resumed  the  chair,  and  Mr. 
Boyles  reported  that  the  Committee  of  the  Whole  Convention, 
to  whom  was  referred  the  report  of  the  Standing  Committee  on 
Legislature  and  Legislation,  having,  according  to  order,  had  un- 
der consideration  said  report,  had  made  some  progress  therein, 
and  asked  leave  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Kennedy  the  report  was  received,  and 
leave  granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Carr,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK,  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Garcia,  Hough,  Head, 
Meyer,  Quillian,  Rockwell  and  White. 

Mr.  Kennedy  asked  leave  of  absence  until  Thursday  for  Mr. 
Rockwell,  which  was  granted. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Standing  Committee  on  Legislature  and  Legislation,  Mr. 
Boyles  in  the  chair;  and,  after  some  time  spent  therein,  the 
President  resumed  the  chair,  and  Mr.  Boyles  reported  that  the 
Committee  of  the  Whole  Convention,  to  whom  was  referred  the 
report  of  the  Committee  on  Legislature  and  Legislation,  having 
according  to  order  had  under  consideration  said  report,  had 
made  further  progress  therein,  and  asked  leave  to  sit  again  at 
10  o'clock  a.  m.  to-morrow. 

On  motion  of  Mr.  Webster  the  report  was  received,  and 
o'clock  a.  m.  to  morrow. 

On  motion  of  Mr.  Carr  the  Convention  adjourned  until  10 
o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL   CONVENTION.  165 


THURSDAY.  ,1AM  ARY  '27.  A.  I)..  ls7i».  10  O'CLOCK  A.  M. 


Convention  met    pursuant    h> 

I  'raver  was  ottered  by  the  Rev.  M.  Frost. 

Roll  Called.  Absent  —  Messrs.  Head,  Marsh,  Meyer,  Rock- 
well and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

.Mr.  Lee  presented  a  petition  from  twenty-four  citizens  of 
Golden,  praying  that  certain  classes  of  property  be  exempted 
from  taxation,  which  was  referred  to  the  Committee  on  Revenue 
and  Finance. 

.Mr.  Webster  presented  a  petition  from  fifty-six  citizens  of 
Colorado  praying  the  Convention  to  give  power  to  the  General 
Assembly  to  provide  a  law  for  the  regulation,  control  or  sup- 
pression *of  the  liquor  traffic  in  the  State,  which  was  referred 
to  the  Committee  on  Education  and  Educational  Institutions. 

.Mr.  Bromwell  presented  a  petition  from  one  hundred  citi- 
zens of  Denver  praying  the  Convention  to  so  frame  the  Consti- 
tution, in  fixing  the  status  of  voters,  that  no  distinction  snail 
be  made  on  account  of  sex,  which  was  referred  to  the  Commit- 
tee on  Rights  of  Suffrage  and  Elections. 

Mr.  Douglas,  Chairman  of  the  Committee  on  State  Institu- 
tions and  Buildings,  presented  the  report  of  that  committee  as 
follows: 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado: 

Gentlemen  —  Your  Committee  on  State  Institutions  and 
Buildings,  to  whom  was  referred  the  subject  matter  pertaining 
to  this  department  of  the  Constitution,  beg  leave  to  state  that 
they  have  had  the  same  under  consideration  and  present  the 
accompanying  article  as  their  report,  all  of  which  is  respectfully 
submitted.  K  DoUGLAS, 

D.  HURD, 
R.  A.  QUILLIAN, 
WM.  H.  CUSHMAN, 
WM.  R.  KENNEDY, 

Committee. 
STATE  INSTITUTIONS. 

Section  1.  Institutions  for  the  benefit  of  the  Insane, 
Blind,  Deaf,  Mute  and  such  as  are  Educational,  Reformatory 
and  penal  and  such  other  Institutions  as  the  public  good  may  re- 
quire, shall  be  established  and  supported  by  the  State  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  2.  The  Trustees,  Regents,  and  Managers  of  all  such 
State  Institutions  as  are  named  or  contemplated  in  the  preced- 


166  PROCEEDINGS    OP    THE 

ing  section  shall  be  appointed  and  vacancies  filled  by  the  Gov- 
ernor as  provided  in  article  —  section  7,  of  this  Constitution,  un- 
less otherwise  provided  by  this  Constitution  or  by  law. 

Sec.  3.  The  General  Assembly  shall,  at  the  earliest  practi- 
cable period,  provide  by  law  that  the  several  grants  of  land 
made  by  Congress  to  the  State  shall  be  judiciously  located  and 
carefully  preserved  and  held  in  trust  for  the  use  and  benefit  of 
the  respective  objects  for  which  said  grants  of  land  were  made, 
and  the  proceeds  thereof  shall  be  lawfully  applied  to  said  ob- 
jects and  to  no  other. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to 
change  or  to  locate  the  Capital  of  the  State,  but  shall  at  the  first 
session  subsequent  to  the  year  of  our  Lord,  1880,  provide  by  law 
for  submitting  the  question  of  the  permanent  location  of  the 
Capital  to  the  qualified  electors  of  the  State  at  the  next  general 
election,  and  a  majority  of  all  the  votes  cast  at  said  election 
shall  be  necessary  to  determine  the  location  thereof.  Said  As- 
sembly shall  also  provide  that  in  case  there  is  no  choice  of  loca- 
tion ait  said  election,  the  two  places  having  the  highest  number 
of  votes  cast  at  said  election  for  Capital  location  shall  be  sub- 
mitted in  like  manner  to  the  qualified  electors  of  the  State  at 
the  next  general  election.  Provided,  That  until  the  Capital  shall 
have  been  permanently  located,  as  herein  provided,  the  tempor- 
ary location  thereof  shall  remain  at  the  City  of  Denver. 

Sec.  5.  When  the  Capital  shall  have  been  located  as  herein 
provided,  the  location  thereof  shall  not  thereafter  be  changed, 
except  by  a  vote  of  two-thirds  of  all  the  legal  votes  cast  in  the 
State  at  some  general  election,  at  which  the  question  of  Capital 
location  shall  have  been  submitted  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  make  no  appropriation 
or  expenditure  for  Capitol  buildings  or  grounds  until  the  same 
shall  have  been  permanently  located  as  herein  provided. 

Sec.  7.  All  Territorial  Institutions  heretofore  established 
under  the  laws  of  the  Territory  of  Colorado  are  hereby  declared 
to  be  Institutions  of  the  State  of  Colorado,  with  all  the  corpor- 
ate and  vested  rights,  privileges,  immunities  and  franchises 
which  in  any  manner  pertain  or  belong  thereunto. 

On  motion  of  Mr.  Kennedy  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  further  consideration. 

Mr.  Yount  presented  the  following  report  of  the  Committee 
on  Printing: 

Denver,  Colorado,  January  27,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Committee  on  Printing,  to  whom  was  re- 
ferred the  report  of  the  Committee  on  State,  County  and  Muni- 
cipal Indebtedness,  would  most  respectfully  report  the  same 


CONSTITl  TloXAL    CONVENTION.  167 

k    in   Ihe  *  'onvenf  ion,   cori-cclly   printed.     All  of  which  is   re 
speril'iillv  siil.mil  ted. 

(Signed)     A.  K.  YOUNT, 
For  Committee  on  Printing. 

There  h.-iiig  no  objection,  the  report  was  received  ;md  filed 
by  i  he  Secret;; ry. 

On  motion  of  Mr.  Kennedy  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  to  further  consider  the  report  of 
the  Standing  Committee  on  Legislature  and  Legislation,  Mr. 
IJoyles  in  the  chair.  And  after  some  time  spent  therein,  the 
President  resumed  the  chair  and  Mr.  Boyles  submitted  the  fol- 
lowing report: 

Denver,  Colorado,  January  27,  1870. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Legislature  and  Legislation,  having  according  to  order  had  said 
report  under  consideration,  have  directed  me  to  report  section 
9  of  the  article  on  Legislature  back  to  the  Convention,  and  rec- 
ommend that  said  section  9,  as  follows,  be  referred  to  the  Com- 
mittee on  Officers  and  Oath  of  Office: 

Section  9.  No  person  hereafter  convicted  of  embezzlement 
of  public  moneys,  bribery,  perjury,  or  other  infamous  crime,  shall 
be  eligible  to  the  General  Assembly,  or  capable  of  holding  any 
office  of  trust  or  profit  in  this  State. 

The  Committee  of  the  Whole  Convention  has  further  di- 
rected me  to  report  back  the  remainder  of  the  report  of  the 
Committee  on  Legislature  and  Legislation,  with  sundry  amend- 
ments thereto,  and  ask  the  concurrence  of  the  Convention  there- 
in, in  the  words  following: 

THE  LEGISLATURE. 

Section  1.  The  Legislative  power  shall  be  vested  in  the 
General  Assembly,  which  shall  consist  of  a  Senate  and  House 
of  Representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  first  Tuesday  in  October,  in  the  years  of  our 
Lord,  1876  and  1878,  and  in  each  alternate  year  thereafter  on 
such  day  as  may  be  provided  by  law.  The  first  election  for  mem- 
bers of  the  General  Assembly  under  the  State  organization  shall 
be  conducted  in  the  same  manner  as  is  prescribed  by  the  laws 
of  Colorado  Territory  regulating  elections  therein  for  members 
of  the  General  Assembly  of  said  Territory.  When  vacancies 
occur  in  either  House,  the  Governor  or  person  exercising  the 
power  of  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies. 


168  PROCEEDINGS   OF   THE 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided,  and  Representatives  for  the  term 
of  two  years. 

Sec.  4.  No  person  shall  be  a  Representative  or  Senator 
who  shall  not  have  attained  the  age  of  twenty-five  years,  who 
shall  not  be  a  citizen  of  the  United  States,  who  shall  not  have 
resided  within  the  limits  of  the  county  or  district  in  which  he 
shall  be  chosen  twelve  months  next  preceding  his  election,  if 
such  county  or  district  shall  have  been  so  long  established,  but 
if  not,  then  within  the  limits  of  the  county  or  counties,  district 
or  districts,  out  of  which  the  same  shall  have  been  created,  un- 
less he  shall  have  been  absent  on  the  public  business  of  the 
United  States  or  of  this  State. 

Sec.  5.  The  Senators,  at  their  first  session  herein  provided 
for,  shall  be  divided  by  lot  from  their  respective  counties  or  dis- 
tricts as  near  as  can  be  into  two  classes.  The  seats  of  the  Sen- 
ators of  the  first  class  shall  be  vacated  at  the  expiration  of  tht- 
second  year,  and  those  of  the  second  class  at  the  expiration  of 
the  fourth  year,  so  that  one-half  thereof,  as  near  as  possible, 
may  be  biennially  chosen  forever  thereafter. 

Sec.  6.  As  a  compensation  for  their  services,  the  members 
of  the  First  General  Assembly,  for  the  first  fifty  days'  attend- 
ance, shall  receive  a  per  diem  of  Six  Dollars,  and  Three  Dollars 
per  day  for  each  day's  attendance  thereafter,  and  fifteen  cent:* 
ifor  each  mile  necessarily  traveled  in  going  to  and  returning  from 
the  Seat  of  Government;  and  they  shall  receive  no  other  com- 
pensation, perquisite  or  allowance  whatsoever.  No  session  of 
the  General  Assembly  shall  exceed  sixty  days.  Thereafter,  the 
compensation  of  the  members  of  the  General  Assembly  shall  be 
as  provided  by  law. 

Sec.  7.  The  General  Assembly  shall  meet  at  12  o'clock 
noon,  on  the  first  Wednesday  in  January,  A.  D.,  1877,  and  bi- 
ennially forever  thereafter,  and  at  other  times  when  convened 
by  the  Governor.  The  term  of  service  of  the  members  thereof 
shall  begin  on  the  first  day  of  January  next  after  their  election. 

Sec.  8.  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  shall  have  been  elected,  be  appointed  to  any 
civil  office  under  the  State,  and  no  member  of  Congress  or  other 
person  holding  any  office,  except  Attorney-at-Law,  Notary  Pub- 
lic or  in  the  Militia,  under  the  United  States  or  this  State,  shall 
be  a  member  of  either  House  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  House  shall,  during  the  term 
for  which  he  may  have  been  elected,  receive  any  increase  of  sal- 
ary or  mileage,  under  any  law  passing  during  such  term. 

Sec.  10.  The  Senate  shall,  at  the  beginning  and  close  of 
each  regular  session,  and  at  such  other  times  as  may  be  neces- 
sary, elect  one  of  its  members  President  pro  tempore,  who  shall 
perform  the  duties  of  Lieutenant  Governor  in  any  case  of  ab- 
sence or  disability  of  that  officer,  and  whenever  the  said  office 


CONSTITUTIONAL    CONVKMIOX.  169 

of  Lieutenant  Governor  shall  be  vacant.  The  House  of  Repre- 
sentatives shall  elect  one  of  its  members  as  Speaker.  Each 
House  shall  choose  its  other  officers,  and  shall  judge  of  the  elec 
lion  and  <iu;ili!ic;iiions  of  its  members. 

Sec.  11.  A  majority  of  each  House  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day 
and  compel  the  attendance  of  absent  members. 

Sec.  12.  Each  House  shall  have  power  to  determine  the 
rules  of  its  proceedings,  and  punish  its  members  or  other  per- 
sons for  contempt  or  disorderly  behavior  in  its  presence,  to  en- 
force obedience  to  its  process,  to  protect  its  members  against 
violence  or  ofl'ers  of  bribes  or  private  solicitation,  and,  with  the 
concurrence  of  two-thirds,  to  expel  a  member,  but  not  a  second 
lime  for  the  same  cause,  and  shall  have  all  other  powers  nec- 
essary for  the  Legislature  of  a  free  State.  A  member  expelled 
for  corruption  shall  not  thereafter  be  eligible  to  either  house, 
and  punishment  for  contempt  or  disorderly  behavior  shall  not 
bar  an  indictment  for  the  same  offense. 

Sec.  13.  Each  House  shall  keep  a  Journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  except  such  parts  as 
require  secrecy,  and  the  yeas  and  nays  of  the  members  on  any 
question  shall,  at  the  desire  of  any  two  of  them,  be  entered  on 
the  Journal. 

Sec.  14.  The  sessions  of  each  House,  and  of  the  Committee 
of  the  Whole,  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Sec.  15.  Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  Houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  General  Assembly  shall,  in 
all  cases  except  treason,  felony,  violation  of  their  oath  of  office, 
and  breach  or  surety  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  sessions  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same;  and  for 
any  speech  or  debate  in  either  House  they  shall  not  be  ques- 
tioned in  any  other  place. 

LEGISLATION. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no 
bill  shall  be  so  altered  or  amended  on  its  passage  through  either 
House  as  to  change  its  original  purpose. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be  uBe  it 
Enacted  by  the  General  Assembly  of  the  State  of  Colorado:" 

Sec.  3.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage,  unless  in  case  of  emergency 
i  which  shall  be  expressed  in  the  preamble  or  body  of  the  act), 
the  General  Assembly  shall,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  House,  otherwise  direct. 


170  PROCEEDINGS    OP    THE 

Sec.  4.  No  bill  shall  be  considered  unless  referred  to  a 
committee,  returned  therefrom,  and  printed  for  the  use  of  the 
members. 

Sec.  5.  No  bill,  except  general  appropriation  bills,  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title. 

Sec.  6.  Every  bill  shall  be  read  at  length,  on  three  differ- 
ent days  in  each  House;  all  amendments  made  thereto  shall  be 
printed  for  the  use  of  the  members,  before  the  final  vote  is  taken 
on  the  bill;  and  no  bill  shall  become  a  law  unless  on  its  final 
passage  the  vote  shall  be  taken  by  ayes  and  noes,  the  names  of 
the  persons  voting  for  or  against  the  same  be  entered  on  the 
Journal,  and  a  majority  of  the  members  elected  to  each  House 
be  recorded  thereon  as  voting  in  its  favor. 

Sec.  7.  No  amendments  to  bills  by  one  House  shall  be 
concurred  in  by  the  other,  except  by  the  vote  of  a  majority  of 
the  members  elected  thereto,  taken  by  ayes  and  noes,  and  the 
names  of  those  voting  for  or  against  recorded  upon  the  Journal 
thereof;  and  reports  of  Committees  of  Conference  shall  be 
adopted  in  either  House  only  by  a  vote  of  a  majority  of  the 
members  elected  thereto,  taken  by  ayes  and  noes,  and  the  names 
of  those  voting  recorded  upon  the  Journals. 

Sec.  8.  No  law  shall  be  revived  or  amended,  or  the  provi- 
sions thereof  extended  or  conferred,  by  reference  to  its  title  only, 
but  so  much  thereof  as  is  revived,  amended,  extended  or  con- 
ferred shall  be  re-enacted  and  published  at  length. 

Sec.  9.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condi- 
tion of  their  employment  or  otherwise,  any  contract  or  agree- 
ment whereby  such  person,  company  or  corporation  shall  be 
released  or  discharged  from  liability  or  responsibility  on  account 
of  personal  injuries  received  by  such  servants  or  employes  while 
in  the  service  of  such  person,  company  or  corporation,  and  such 
contracts  shall  be  absolutely  null  and  void. 

Sec.  10.  The  General  Assembly  shall  not  pass  local  or  spe- 
cial lawrs  in  any  of  the  following  enumerated  cases,  that  is  to 
say,  for  granting  divorces;  laying  out,  opening,  altering  and 
working  roads  or  highways;  vacating  roads,  town  plats,  streets, 
alleys,  and  public  grounds;  locating  or  changing  county  seats; 
regulating  county  or  township  affairs;  regulating  the  practice 
in  courts  of  justice;  regulating  the  jurisdiction  and  duties  of 
Justices  of  the  Peace,  Police  Magistrates  and  Constables;  pro- 
viding for  changes  of  venue  in  civil  or  criminal  cases;  declaring 
any  named  person  of  age;  for  limitation  of  civil  actions  or  giv- 
ing effect  to  informal  or  invalid  deeds;  summoning  and  impan- 
nelling  grand  or  petit  juries;  providing  for  the  management  of 
common  schools;  regulating  the  rate  of  interest  on  money;  the 
opening  and  conducting  of  any  election,  or  designating  the 
place  of  voting;  the  sale  or  mortgage  of  real  estate  belonging  to 


CONSTITUTIONAL    CONVENTION.  171 

minors  or  others  under  disability;  the  protection  of  game  orlish; 
charierin.u  or  licensing  ferries  or  toll  bridges;  remitting  tines, 
penalties  or  forfeitures;  creating,  increasing  or  decreasing  fees, 
percentage  or  allowances  of  public  officers  during  the  term  for 
which  said  ollirers  an  elected  or  appointed;  changing  the  law 
of  descent;  granting  to  any  corporation,  association  or  individ- 
ual the  right  to  lay  down  railroad  tracks;  granting  to  any  cor- 
poration, association  or  individual  any  special  or  exclusive  priv- 
ilege, immunity  or  franchise  whatever;  in  all  other  cases  where 
a  general  law  can  be  made  applicable,  no  special  law  shall  be 
enacted. 

Sec.  11.  The  General  Assembly  shall  have  no  power  to  re 
lease  or  extinguish,  in  whole  or  in  part,  the  indebtedness,  liabil 
ity  or  obligation  of  any  corporation  or  individual  to  this  State 
or  to  any  municipal  corporation  therein. 

Sec.  12.  The  presiding  officer  of  each  House  shall,  in  the 
presence  of  the  House  over  which  he  presides,  sign  all  bills 
and  joint  resolutions  passed  by  the  General  Assembly,  after 
their  titles  shall  have  been  publicly  read,  immediately  before 
signing;  and  the  fact  of  signing  shall  be  entered  on  the  Journal. 

Sec.  13.  The  General  Assembly  shall  prescribe  by  law  the 
number,  duties  and  compensation  of  the  officers  and  employes 
of  each  House;  and  no  payment  shall  be  made  from  the  State 
Treasury,  or  be  in  any  way  authorized  to  any  person,  except  to 
an  acting  officer  or  employe  elected  or  appointed  in  pursuance 
cf  law. 

Sec.  14.  No  bill  shall  be  passed  giving  any  extra  compensa- 
tion to  any  public  officer,  servant  or  employe,  agent  or  contrac- 
tor, after  services  shall  have  been  rendered  or  contract  made, 
nor  providing  for  the  paymen,t  of  any  -claims  against  the  State 
without  previous  authority  of  law. 

Sec.  15.  All  stationery,  printing,  paper  and  fuel  used  in  the 
Legislature  and  other  departments  of  Government  shall  be  fur- 
nished, and  the  printing  and  binding  and  distributing  of  the 
laws,  Journal,  department  reports  and  other  printing  and  bind- 
ing, and  the  repairing  and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  General  Assembly  and  its  Committees, 
shall  be  performed  under  contract  to  be  given  to  the  lowest  re- 
sponsible bidder  below  such  maximum  price,  and  under  such 
regulations  as  may  be  prescribed  by  law ;  no  member  or  officer  of 
any  department  of  the  Government  shall  be  in  any  way  inter- 
ested in  such  contracts,  and  all  such  contracts  shall  be  subject 
to  the  approval  of  the  Governor  and  State  Treasurer. 

Sec.  16.  No  law  shall  extend  the  term  of  ai^y  public  officer 
or  increase  or  diminish  his  salary  or  emoluments,  after  his  elec- 
tion or  appointment. 

Sec.  17.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  amend- 
ments fis  in  other  bills. 


172  PROCEEDINGS    OP    THE 

Sec.  18.  The  General  Appropriation  Bill  shall  embrace 
nothing  but  appropriations  for  the  ordinary  expenses  of  the  Ex- 
ecutive, Legislative  and  Judicial  departments  of  the  State,  in- 
terest on  the  public  debt  and  for  schools;  all  other  appropria- 
tions  shall  be  made  by  separate  bills,  each  embracing  but  one 
subject. 

Sec.  19.  No  money  shall  be  paid  out  of  the  Treasury,  ex- 
cept upon  appropriations  made  by  law,  and  on  warrant  drawn 
by  the  proper  officer  in  pursuance  thereof. 

Sec.  20.  No  appropriation  shall  be  made  for  charitable,  in- 
dustrial, educational  or  benevolent  purposes  to  any  person,  cor- 
poration or  community  not  under  the  absolute  control  of  the 
State,  nor  to  any  denominational  or  sectarian  institution  or  as 
sociation. 

Sec.  21.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation,  or  association,  any 
power  to  make,  supervise  or  interfere  with  any  municipal  im- 
provement, money,  property  or  effects,  whether  held  in  trust 
or  otherwise,  or  to  levy  taxes  or  perform  any  municipal  function 
whatever. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  administrators, 
guardians  or  other  trustees  in  the  bonds  or  stock  of  any  private 
corporation. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  crim- 
inal cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such 
manner  as  shall  be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  person,  associa- 
tion, railroad  or  other  corporation  held  or  owned  by  the  State 
shall  ever  be  exchanged,  transferred,  remitted  or  postponed,  or 
in  any  way  diminished  by  the  General  Assembly.  Nor  shall 
such  liability  or  obligation  be  released,  except  by  payment 
thereof  into  the  State  Treasury. 

Sec.  25.  When  the  General  Assembly  shall  be  convened  in 
Special  Session,  there  shall  be  no  legislation  upon  subjects  other 
than  those  designated  in  the  proclamation  of  the  Governor  call- 
ing such  session. 

Sec.  26.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  ques- 
tion of  adjournment  or  relating  solely  to  the  transaction  of  the 
business  of  the  two  Houses,  shall  be  presented  to  the  Governor, 
and  before  it  shall  take  effect,  be  approved  by  him,  or  being  dis- 
approved, shall  be  repassed  by  two-thirds  of  both  Houses  ac- 
cording to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  27.  A  member  of  the  General  Assembly  who  shall 
solicit,  demand  or  receive  or  consent  to  receive,  directly  or  in- 
directly, for  himself  or  for  another,  from  any  company,  corpora- 
tion or  person,  any  money,  office,  appointment,  employment,  tes- 
timonial, reward,'  thing  of  value  or  enjoyment  or  of  personal 


CONSIIll    IIONAL    CONVENTION.  173 

advantage  nr  proihisr  tlu-n-of,  for  his  vole  or  official  influence, 
or  for  withholding  il,<  sann\  nr  with  an  understanding,  express 
nr  implied,  that  his  vote  or  nllicial  action  shall  be  in  any  way 
intlnrncrd  thereby,  or  who  shall  solicit  or  demand  any  such 
i.mney  or  other  advantage,  matter  or  thing  aforesaid,  for  an- 
other, as  the  consideration  of  his  vote  or  official  influence,  or 
!nr  withholding  the  same,  or  shall  give  or  withhold  his  vote  or 
influence  in  consideration  of  the  payment  or  promise  of  such 
money,  advantage,  matter  or  thing  to  another,  shall  be  held 
guilty  of  bribery  within  the  meaning  of  this  Constitution,  and 
shall  incur  the  disabilities  provided  thereby  for  such  offense, 
and  such  additional  punishment  as  is  or  shall  be  provided  by 
law. 

Sec.  28.  Any  person  who  shall  directly  or  indirectly  offer, 
gi\v  or  promise  any  money  or  thing  of  value,  testimonial,  privi- 
lege or  personal  advantage  to  any  executive  or  judicial  officer, 
or  member  of  the  General  Assembly,  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  be  guilty 
of  bribery,  and  be  punished  in  such  manner  as  shall  be  provided 
by  law. 

Sec.  29.  The  offense  of  corrupt  solicitation  of  members  of 
the  General  Assembly  or  of  public  officers  of  the  State,  or  of 
any  municipal  division  thereof,  and  any  occupation  or  practice 
of  solicitation  of  such  members  or  officers  to  influence  their  of 
ficial  action,  shall  be  defined  by  law,  and  shall  be  punished  by 
fine  and  imprisonment. 

Sec.  30.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  pending  before  the  General  Assembly 
shall  disclose  the  fact  to  the  House  of  which  he  is  a  member, 
and  shall  not  vote  thereon. 

On  motion  of  Mr.  Beck,  section  9  of  the  original  report  of 
the  Committee  on  Legislature  and  Legislation,  reported  back  to 
the  Convention  by  the  Committee  of  the  Whole,  was  referred 
to  the  Committee  on  Officers  and  Oath  of  Office. 

On  motion  of  Mr.  Clark,  the  report  of  the  Committee  *>* 
the  Whole  Convention  on  the  report  of  the  Standing  Committee 
on  Legislature  and  Legislation  was  referred  to  the  Committee 
on  Engrossing  and  Enrolling. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  10 
o'clock  a.  m.  to-morrow. 


174  PROCEEDINGS    OF    THE 


FRIDAY,  JANUARY  28,  A.  D.,  1876,  10  O'CLOCK,  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Eads. 

Roll  called.  Absent — Messrs.  Ebert,  Head,  Marsh,  Meyer, 
Thatcher,  White  and  Yount. 

The  Journal  of  preceding  day  having  been  partially  read, 
on  motion  of  Mr.  Carr  the  reading  of  so  much  of  the  Journal 
as  embraced  the  report  of  the  Standing  Committee  on  State  In- 
stitutions and  Buildings,  and  the  report  of  the  Committee  of 
the  Whole  on  Legislature  and  Legislation,  was  dispensed  with. 

The  remaining  portion  of  the  Journal  was  then  read,  and 
the  same  approved. 

Mr.  Stover  asked  for  leave  of  absence  for  Mr.  Yount  until 
next  Tuesday,  which  was  granted. 

Mr.  Barela  presented  a  petition  from  127  citizens  of  the 
Eighteenth  District,  praying  the  Convention  not  to  insert  in 
the  Constitution  any  section  prohibiting  forever  any  division 
of  the  public  school  funds,  which  was  referred  to  the  Committee 
on  Education  and  Educational  Institutions. 

Mr.  Garcia  presented  a  similar  petition  from  89  citizens  of 
the  same  district,  which  was  also  referred  to  the  same  Commit- 
tee. 

Mr.  Cushman  presented  a  similar  petition  from  221  citizens 
of  the  Sixth  District,  which  was  also  referred  to  the  same  com- 
mittee. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  re- 
ported back  the  report  of  the  Committee  on  State  Institutions 
and  Buildings,  as  correctly  printed. 

Messrs  Ebert  and  Thatcher  appeared  and  took  their  seats. 

The  President  announced  the  next  order  of  business,  the 
special  order  for  consideration  of  the  report  of  the  Standing 
Committee  on  State,  County  and  Municipal  Indebtedness. 

Mr.  Bromwell  moved  that  the  special  order  for  the  consid- 
eration of  that  report  this  day  be  discharged,  which  was  agreed 
to. 

On  motion  of  Mr.  Bromwell  the  consideration  of  the  report 
of  the  Standing  Committee  on  State,  County  and  Municipal  In- 
debtedness was  made  the  special  order  for  next  Wednesday,  at 
10:30  o'clock. 

Mr.  Kennedy  moved  to  take  from  the  table  the  report  of 
the  Standing  Committee  on  Forest  Culture,  which  was  agreed  to. 

On  motion  of  Mr.  Hough,  fhe  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the 
Standing  Committee  on  Forest  Culture,  Mr.  Beck  in  the  chair; 


CONST  III    I  IONAL   CONVENTION.  175 

.•UK!,  after  sonic  lime  spent    therein,  the  President  resumed  the 
rhah.  .-UK!  .Mr.  Beck  submitted  the  following  report: 

Tin-  Committee  of  the  A\  hole  Convention,  to  whom  was  re- 
ferred the  report  of  the  Standing  Committee  on  Forest  Culture, 
having.  according  to  order,  had  under  consideration  said  report, 
have  directed  me  to  report  the  same  back  to  the  Convention, 
with  sundry  amendments  thereto,  and  recommend  that  the  whole 
matter  be  recommitted  to  the  Committee  on  Forest  Culture.  . 

FOREST  CULTURE. 

The  General  Assembly  shall  enact  laws  to  prevent  the 
destruction  of  forests  growing  upon  the  lands  of  the  State,  or 
upon  any  lands  of  the  public  domain,  the  control  of  which  shall 
be  conferred  by  Congress  upon  the  State. 

Mr.  Boyles  moved  that  the  report  of  the  Committee  of  tut 
Whole  be  received  and  laid  upon  the  table,  which  was  not 
agreed  to. 

Mr.  Carr  moved  that  the  report  of  the  Committee  of  the 
Whole  be  received  and  adopted.  And  the  question  being  on 
the  motion  of  Mr.  Carr,  that  the  report  of  the  Committee  of  the 
Whole  be  received  and  adopted,  and  being  put,  it  was  decided 
in  the  affirmative.  So  the  Convention  received  and  adopted  the 
report  of  the  Committee  of  the  Whole,  and  referred  the  original 
articles,  with  the  amendments  thereto,  to  the  Committee  on 
Forest  Culture. 

Mr.  Hurd  moved  that  the  Convention  adjourn  until  10 
o'clock  to-morrow. 

Mr.  Pease  moved  to  adjourn  until  2  o'clock  this  afternoon, 
and  the  question  being  on  the  motion  of  Mr.  Pease  to  adjourn 
until  2  o'clock  this  afternoon,  and  being  put,  and  a  decision  be- 
in  ji  called,  for  it  was  decided  in  the  affirmative — ayes,  18;  noes, 
11.  So  the  Convention  adjourned  until  2  o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Boyles,  Head,  Marsh,  Meyer, 
Quillian,  Stover,  White,  Wheeler  and  Yount. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Committee  on 
State  Institutions  and  Buildings  was  taken  from  the  table. 

Mr.  Kennedy  moved  that  the  Convention  resolve  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Commit- 
tee on  State  Institutions  and  Buildings,  and  the  question  being 
upon  the  motion  of  Mr.  Kennedy  to  resolve  into  Committee  of 
the  Whole,  and  being  put  and  a  division  being  called  for,  it 
resulted  in  a  tie  vote — ayes,  10;  noes,  10. 


176  PROCEEDINGS   OF    THE 

So,  according  to  the  rules,  the  Convention  refused  to  resolve 
itself  into  Committee  of  the  Whole  to  consider  the  report  of 
the  Committee  on  State  Institutions  and  Buildings. 

Mr.  Wheeler  appeared  and  took  his  seat. 

Mr.  Wells  moved  the  consideration  of  the  report  of  the 
Committee  on  State  Institutions  and  Buildings  be  made  the  spe- 
cial order  for  to-morrow  at  2  o'clock. 

Mr.  Carr  moved  to  amend  the  motion  of  Mr.  Wells  by  chang- 
ing the  hour  from  2  o'clock  to  10  o'clock,  which  amendment  was 
accepted  by  Mr.  Wells;  and  the  question  being  on  the  motion 
of  Mr.  Wells,  as  amended  by  Mr.  Carr,  to  make  the  considera- 
tion of  the  report  of  the  Committee  on  State  Institutions  and 
Buildings  the  special  order  for  to-morrow  at  10  o'clock,  and  be- 
ing put,  it  was  decided  in  the  affirmative — ayes,  26 ;  noes,  3.  And 
the  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are: 

Messrs.  Beck,  Carr,  Cushrnan,  Clark,  Cooper,  Crosby,  Doug- 
las, Kennedy,  Lee,  Plumb,  Pease,  Rockwell,  Stone,  Thatcher, 
Vijil,  Elder,  Felton,  Garcia,  Hurd,  Hough,  James,  Webster, 
Wells,  Wheeler,  Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Barela,  Bromwell  and  Wilcox. 

So  the  Convention  made  the  consideration  of  the  report  of 
the  Committee  on  State  Institutions  and  Buildings  the  special 
order  for  10  o'clock  to-morrow. 

Mr.  W^ells  moved  that  the  report  of  the  Committee  of  the 
Whole  on  the  Executive  Department  be  taken  frOm  the  table, 
which  was  not  agreed  to. 

Mr.  Clark  moved  that  the  Preamble  offered  by  Mr.  Felton 
on  the  18th  inst.  be  taken  from  the  table,  which  was  agreed  to. 

On  motion  of  Mr.  Clark,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  to  consider  the  Preamble  offered  by 
Mr.  Felton,  Mr.  Widderfield  in  the  chair;  and,  after  some 
time  spent  therein,  the  President  resumed  the  chair,  and  Mr. 
Widderfield  submitted  the  following  report: 

The  Committee  of  the  Whole  Convention,  to  whom  was  re- 
ferred the  Preamble  offered  by  Mr.  Felton  on  the  18th  inst.,  hav- 
ing, according  to  order,  had  under  consideration  said  Preamble, 
have  directed  me  to  report  the  same  back  to  the  Convention, 
with  the  recommendation  that  it  be  referred  to  the  Committee 
on  Miscellaneous  Subjects: 

Whereas,  The  inhabitants  of  the  Territory  of  Colorado  in- 
cluded in  the  following  designated  boundaries,  to-wit:  Com- 
mencing on  the  thirty-seventh  parallel  of  north  latitude,  where 
the  twenty-fifth  meridian  of  longitude  west  from  Washington 
crosses  the  same;  thence  north,  on  said  meridian,  to  the  forty- 
Jftrst  parallel  of  north  latitude;  -thence  along  said  parallel  west 
to  the  thirty-second  meridian  of  longitude  west  from  Washing- 


CONS  ITU   TIONAL    «  n.XVKNTION.  177 

ion;  iliciicr  south,  on  said  meridian,  to  lln-  t  hiriv  seventh  paral- 
lel of  north  latitude;  thence  alonu  said  i  hirt  v  scvmt  h  parallel 
of  inn-ili  latitude,  to  the  place  of  iM'ginniii" :  arc,  by  virtue  of  an 
act  of  Congress  of  tin-  I'nited  States,  approved  March  3,  1875, 
«  ni  i 1 1,  <l  -An  act  to  enable  the  people  of  Colorado  to  form  a  Con- 
stitution and  State  Govern  men  t,  and  for  admission  of  the  said 
State  into  the  Union  on  an  equal  footing  with  the  Original 
States,"  authorized  to  form  for  themselves,  out  of  said  Territory 
a  Si  air-  Government  with  the  name  of  the  State  of  Colorado; 
which  State  when  formed  shall  be  admitted  into  the  Union  upon 
an  equal  footing  with  the  original  states,  in  all  respects  whatso- 
ever; and, 

Whereas,  The  Governor  of  said  Territory,  in  pursuance  of 
the  provisions  of  the  third  section  of  the  said  enabling  act, 
did  issue  his  proclamation,  calling  for  an  election  to  elect  Rep- 
resentatives to  a  Convention,  to  meet  at  Denver  on  the  twentieth 
day  of  December,  in  the  year  of  Our  Lord,  One  Thousand  Eight 
Hundred,  Seventy-five,  for  the  purpose  of  forming  a  Constitu- 
tion for  the  State  of  Colorado;  and, 

Whereas,  The  people  of  the  Territory,  in  accordance  with 
the  provisions  of  the  said  proclamation,  did  hold  an  election 
and  elect  Representatives  to  represent  them  in  the  said  Conven- 
tion; 

Now,  Therefore,  We,  the  Representatives  of  the  people  of 
the  Territory  of  Colorado,  duly  elected  and  in  Convention  as- 
sembled, in  pursuance  of  the  aforesaid  enabling  act,  have  or- 
dained and  established  the  following  Constitution  and  form  of 
Government  for  this  State,  which  we  recommend  to  the  people 
of  Colorado  for  their  ratification. 

On  motion  of  Mr.  Boyles,  the  report  of  the  Committee  of 
the  Whole  was  adopted.  So  the  Convention  referred  the  Pre- 
amble offered  by  Mr.  Feltoii  to  the  Committee  on  Miscellaneous 
Subjects. 

Mr.  Thatcher  asked  for  leave  of  absence  for  Mr.  Marsh,  on 
account  of  sickness  in  his  family,  which  was  granted. 

Mr.  Wells  moved  that  the  report  of  the  Committee  of  the 
-  Whole  on  Bill  of  Rights  be  taken  from  the  table,  which  was  not 
agreed  to. 

Mr.  Wells  moved  to  adjourn,  and  the  question  being  on  the 
motion  to  adjourn,  and  being  put,  it  was  decided  in  the  nega- 
tive— ayes,  14;  noes,  15.  So  the  motion  of  Mr.  Wells  to  ad- 
journ was  not  agreed  to. 

On  motion  of  Mr.  Clark,  the  report  of  the  Committee  of  the 
Whole  on  Military  Affairs  was  taken  from  the  table. 

Mr.  James  moved  that  the  report  of  the  Committee  on  Mil- 
itary Affairs,  as  amended  by  the  Committee  of  the  Whole,  be 
adopted.  And  the  question  being  "Will  the  Convention  agree 
to  the  amendments  reported  by  the  Committee  of  the  Whole  to 
the  article  as  reported  by  the  Committee  on  Military  Affairs?" 


178  PROCEEDINGS    OF    THE 

viz.:  In  section  2  to  strike  out  the  word  "Legislature"  in  the  first 
line,  and  insert  the  words  "General  Assembly,"  and  in  section 
6  to  strike  out  .the  word  "Legislature"  in  first  line  and  insert 
the  words  "General  Assembly,"  and  in  the  second  line  of  same 
section,  to  strike  out  the  word  "business"  and  insert  the  word 
"banners,"  and  in  section  7  to  strike  out  the  word  "such'  after 
the  word  "for"  in  second  line,  and  to  add  to  section  7  the  words 
"from  military  duty,"  and  being  put,  it  was  decided  in  the  af- 
firmative. So  the  Convention  concurred  with  the  report  of  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  adopted  the  fol- 
lowing article,  viz.; 

MILITIA. 

Section  1.  The  Militia  of  the  State  of  Colorado  shall  con- 
sist of  all  able  bodied  male  persons  resident  within  the  State, 
between  the  ages  of  eighteen  and  forty-five  years,  except  such 
persons  as  now  are  or  may  hereafter  be  exempt  by  the  laws  of 
the  United  States  or  of  this  State. 

Sec.  2.  The  General  Assembly  in  providing  for  the  organi- 
zation, equipment  and  discipline  of  the  militia  shall  conform 
as  nearly  as  practicable  to  the  regulations  for  the  government 
of  the  armies  of  the  United  States. 

Sec.  3.  Each  company  shall  elect  its  own  officers,  who 
shall  be  commissioned  by  the  Governor,  but  if  any  company 
shall  fail  to  elect  such  officers  within  the  time  prescribed  by 
law,  they  may  be  appointed  by  the  Governor. 

Sec.  4.  All  general,  field  and  staff  officers  shall  be  ap- 
pointed and  commissioned  by  the  Governor  and  shall  hold  their 
offices  for  such  time  as  may  be  prescribed  by  law. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  and 
shall  have  power  to  call  out  the  militia  to  execute  the  laws,  to 
suppress  insurrection  and  repel  invasion. 

Sec.  6.  The  General  Assembly  shall  provide  for  the  safe 
keeping  of  the  public  arms,  military  records,  banners  and  relics 
of  the  state. 

Sec.  7.  No  person  having  conscientious  scruples  against 
bearing  arms  shall  be  compelled  to  do  militia  duty  in  time  of 
peace;  Provided,  such  person  shall  pay  an  equivalent  for  ex- 
emption from  military  duty. 

Mr.  Clark  moved  that  the  article  on  military  affairs,  as 
adopted  by  the  Convention,  be  referred  to  the  Committee  on 
Revisions  and  Adjustments,  which  was  agreed  to. 

Mr.  Carr  moved  to  reconsider  the  vote  by  which  the  article 
on  military  affairs  was  referred  to  the  Committee  on  Revisions 
and  Adjustments,  which  was  agreed  to. 

The  question  thus  being  on  the  motion  of  Mr.  Clark  to  re- 
fer the  article  to  the  Committee  on  Revisions  and  Adjustments, 
Mr.  Clark  moved  to  amend  by  inserting  "Engrossing  and  En- 


CONSTITUTIONAL    <  <  >N  \  K.\  I  K>.\.  179 

» 

rolling"  in  lieu  of  "Revision  and  Ad  just  mm  is,"  which  amend- 
ment \\;is  ;irrrph'd  by  Mr.  Chirk,  ;md  the  motion  of  Mr.  Clark, 
us  amended  by  Mr.  Carr,  was  agreed  to;  so  the  article  on  mili- 
tary affairs  was  referred  to  the  Committee  on  Engrossing  and 
Enrolling. 

Mr.  Wells  moved  to  adjourn,  and  the  question  being  on 
the  motion  of  Mr.  Wells  to  adjourn  and  being  put  and  a  divi- 
sion being  called,  it  was  decided  in  the  affirmative — ayes,  16; 
noes,  14.  So  the  Convention  adjourned. 


180  PROCEEDINGS    OF    THE 


SATURDAY,  JANUARY  29TH,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Sturtevant. 

Roll  called.  Absent — Messrs.  Cushman,  Ebert,  Head, 
Marsh,  Meyer,  Stone,  White,  Wells,  Wilcox  and  Yount. 

The  Journal  having  been  partially  read,  Mr.  James  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
"preamble"  reported  by  the  Committee  of  the  Whole,  be  dis- 
pensed with,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

On  motion  of  Mr.  Widderfield,  leave  of  absence  was  granted 
to  Mr.  Wilcox  until  Monday  next. 

Mr.  Pease,  chairman  of  the  Committee  on  Future  Amend- 
ments, presented  the  report  of  that  committee,  as  follows: 

In  the  Constitutional    Convention,   Jan.   29th,   1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado: 

Gentlemen — Your  Committee  on  Future  Amendments,  to 
whom  was  referred  the  subject  matter  pertaining  to  this  de- 
partment of  the  Constitution,  beg  leave  to  state  that  they  have 
had  the  same  under  consideration  and  present  the  accompanying 
article  as  their  report. 

GEORGE  E.  PEASE, 

Chairman. 

Section  1.  Whenever  two-thirds  of  the  members  of  each 
House  of  the  General  Assembly  shall  by  a  vote  entered  upon 
the  Journal  thereof  conclude  that  a  convention  is  necessary  to 
revise,  alter  or  amend  the  Constitution,  the  question  shall  be 
submitted  to  the  electors  at  the  next  general  election. 

If  a  majority  voting- at  the  election  vote  for  a  convention, 
the  General  Assembly  shall  at  the  next  session  provide  for  a 
convention,  to  consist  of  double  the  number  of  members  of  the 
Senate  to  be  elected  in  the  same  manner  at  the  same  places 
and  in  the  same  districts. 

The  General  Assembly  shall  in  the  act  calling  the  Conven- 
tion designate  the  day,  hour  and  place  of  meeting,  fix  the  pay 
of  its  members  and  officers,  and  provide  for  the  payment  of  the 
same,  together  with  the  expense  necessarily  incurred  by  the 
Convention  in  the  performance  of  its  duties.  Before  proceeding 
the  members  shall  take  an  oath  to  support  the  Constitution  of 
the  United  States,  and  of  the  State  of  Colorado,  and  to  faith- 
fully discharge  their  duties  as  members  of  the  Convention.  The 
qualification  of  members  shall  be  the  same  as  that  of  mem- 
bers of  the  Senate,  and  vacancies  occurring  shall  be  filled  in  the 


CONSTITUTIONAL    CONVENTION.  181 

manner  provided  for  filling  vacancies  in  the  General  Assembly. 
Said  Convention  shall  meet  within  three  months  after  such 
election,  and  prepare  such  revisions,  alterations  or  amend- 
ments to  the  Constitution  as  shall  be  deemed  necessary,  which 
shall  be  submitted  to  the  electors  for  their  ratification  or  re- 
jection at  an  election  appointed  by  the  Convention  for  that 
purpose,  not  less  than  two  nor  more  than  six  months  after  the 
adjournment  thereof,  and  unless  so  submitted  and  approved  by 
a  majority  of  the  electors  voting  at  the  election,  no  such  revi- 
sion, alteration  or  amendments  shall  take  effect. 

Sec.  2.  Any  amendment  or  amendments  to  the  Constitu- 
tion may  be  proposed  in  either  House  of  the  General  Assembly, 
and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  House,  such  proposed  amendments,  to- 
gether with  the  ayes  and  noes  of  each  House  thereon,  shall  be 
entered  in  full  on  their  respective  Journals,  and  the  Secretary 
of  the  State  shall  cause  the  said  amendment  or  amendments  to 
be  published  in  full  in  at  least  one  newspaper  in  each  county 
(if  such  there  be),  for  three  months  previous  to  the  next  general 
election  for  members  to  tire  General  Assembly,  and  at  said 
election  the  said  amendment  or  amendments  shall  be  voted 
upon  by  the  qualified  electors  of  the  State,  and  if  they  are  ap- 
proved by  a  majority  of  those  voting  thereon,  they  shall  become 
part  of  the  Constitution;  but  the  General  Assembly  shall  have 
no  power  to  propose  amendments  to  more  than  one  article  of 
the  Constitution  at  the  same  session. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed,  and  laid  upon  the  table  for  fquture  consideration. 

Mr.  Boyles,  chairman  of  the  Committee  on  Counties,  pre- 
sented the  report  of  the  committee,  as  follows: 

Denver,  January  29th,  1876. 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — Your  Committee  on  Counties,  to  whom  was  re- 
ferred the  subject  matter  pertaining  to  this  department  of  the 
Constitution,  beg  leave  to  state  that  they  have  had  the  same 
under  consideration  and  present  the  accompanying  articles  as 
their  report.  All  of  which  is  respectfully  submitted. 

GEORGE  BOYLES, 
Chairman  of  Committee. 

COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colo- 
rado, as  they  now  exist,  are  hereby  recognized  as  legal  subdivi- 
sions of  the  State  of  Colorado. 

Sec.  2.  County  Seat.  The  General  Assembly  shall  have  no 
power  to  remove  the  county  seat  of  a«y  county,  but  the  re- 
moval of  county  seats  shall  be  provided  for  by  general  law7 


182  •        PROCEEDINGS    OF    THE 

and  no  county  seat  shall  be  removed  unless  two-thirds  of  the 
qualified  voters  of  the  county,  voting  on  the  proposition  at  a 
general  election,  vote  therefor,  and  no  such  proposition  shall 
be  submitted  oftener  than  once  in  four  years,  and  no  person 
shall  vote  on  such  proposition  who  has  not  resided  in  the 
county  six  months  and  in  the  election  precinct  ninety  days 
next  preceding  such  election. 

Sec.  3.  New  Counties  and  Division  of  Counties.  No  new 
county  shall  be  formed  or  established  by  the  General  Assembly 
which  will  reduce  the  county  or  counties  or  either  of  them  from 
which  it  shall  be  taken  to  less  than  six  hundred  square  miles, 
nor  shall  any  county  be  formed  of  less  contents;  nor  shall 
any  line  thereof  pass  writhin  less  than  ten  miles  of  any  county 
seat  of  the  county  or  counties  proposed  to  be  divided. 

Sec.  4.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county,  nor  shall  any 
county  be  divided  or  have  any  portion  stricken  therefrom  with- 
out submitting  the  question  to  the  qualified  voters  of  the  county 
or  counties  immediately  interested,  nor  unless  a  majority  of  all 
the  qualified  voters  of  the  county  or  counties  thus  affected 
voting  on  the  question  shall  vote  therefor. 

Sec.  5.  In  all  cases  of  the  establishment  of  any  new  county 
the  new  county  shall  be  held  for  and  obliged  to  pay  its  ratable 
proportion  of  all  the  liabilities  then  existing  of  the  county  or 
counties  from  which  said  new  county  shall  be  formed. 

Sec.  6.  When  any  part  of  a  county  is  stricken  off  and  at- 
tached to  another  county,  the  part  stricken  off  shall  be  holden 
for  and  obliged  to  pay  its  proportion  of  all  the  liabilities  then 
existing,  of  the  county  from  which  it  is  taken. 

Sec.  7.  When  any  county  formed  from  contiguous  terri- 
tory taken  from  older  counties,  or  when  any  county  to  which 
territory  shall  be  added,  taken  from  an  adjoining  county,  shall 
fail  to  pay  the  proportion  of  indebtedness  of  such  territory 
to  the  county  or  counties  from  which  it  is  taken,  then  it  may  be 
lawful  for  any  county  from  which  such  territory  has  been 
taken  to  levy  and  collect  by  taxation  the  due  proportion  of  in- 
debtedness of  such  territory  in  the  same  manner  as  if  such  ter- 
ritory had  not  been  stricken  off. 

COUNTY  OFFICERS. 

Sec.  8.  In  each  county  there  shall  be  elected  on  the  second 
Tuesday  in  October,  A.  D.  1876,  three  officers,  who  shall  be 
styled  "The  Board  of  County  Commissioners,"  who  shall  hold 
sessions  for  the  transaction  of  county  business  as  provided  by 
law,  any  two  of  whom  shall  constitute  a  quorum  for  the  trans- 
action of  business.  One  of  said  commissioners  shall  hold  his  of- 
fice for  two  years,  one  for  four  and  one  for  six  years,  to  be  de- 
termined by  lot,  and  ev.ery  two  years  thereafter  one  such  officer 
shall  be  elected  in  each  county  at  the  general  election  for  the 


CONSTITUTIONAL    CON  VKNTION.  183 

in  in  of  six  years;  provided,  that  when  the  population  of  any 
<-oii nt  v  shall  exceed  ten  thousand,  the  Board  of  County  Commis- 
sioners nuiy  consist  of  five  members,  who  shall  be  elected  as 
provided  by  law,  any  three  of  whom  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Sec.  9.  The  compensation  for  the  members  of  the  Board  of 
County  Commissioners  shall  be  as  provided  by  law. 

Sec.  10.  There  shall  also  be  elected  in  each  county  on  the 
second  Tuesday  in  October,  A.  D.  1876,  and  every  alternate 
year  forever  thereafter  at  the  general  election  for  members  of 
the  Legislative  Assembly,  one  probate  judge,  one  county  clerk, 
who  shall  be,  ex-officio,  receiver  of  deeds  and  clerk  of  the  Board 
of  County  Commissioners;  one  sheriff,  one  coroner,  one  treas* 
urer,  who  shall  collect  all  county  taxes;  one  county  superin- 
tendent of  common  schools;  one  county  surveyor  and  one 
county  assessor:  each  of  whom  shall  enter  upon  tLe  duties  of 
his  office  and  the  term  therof  shall  commence  on  the  first  day 
of  January,  1877,  and  they  shall  hold  their  respective  offices 
for  the  term  of  two  years  or  until  their  successors  are  elected 
and  qualified. 

Sec.  11.  In  case  of  a  vacancy  occurring  in  the  office  of 
county  commissioners,  it  shall  be  filled  by  appointment  of  the 
Governor,  and  in  case  of  a  vacancy  in  any  of  the  county  or 
precinct  officers,  it  shall  be  filled  by  appointment  of  the  Board 
of  County  Commissioners,  and  the  person  appointed  shall  hold 
office  until  the  next  general  election  or  until  his  successor 
shall  be  duly  elected  and  qualified. 

Sec.  12.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  at  least  twenty-one  years  of  age,  and  a  citi- 
zen of  the  United  States,  nor  unless  he  shall  have  resided  in 
the  county  one  year  preceding  the  election. 

Sec.  13.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen,  be  elected  in  each  precinct  two  justices  of 
the  peace  and  two  constables,  who  shall  hold  their  offices  for 
the  period  of  two  years,  and  until  their  successors  are  elected 
and  qualified,  and  they  shall  enter  upon  the  duties  of  their 
office  and  the  term  thereof  shall  commence  on  the  first  day  of 
January,  A.  D.  1877. 

Sec.  14.  Previous  to  entering  on  the  duties  of  their  respec- 
tive offices,  the  county  and  precinct  officers  shall  take  the 
oath  of  office  and  give  bond  with  security  in  the  manner  and  in 
such  amount  as  shall  be  prescribed  by  law;  Provided,  that  the 
officers  elected  on  the  second  Tuesday  in  October,  A.  D.,  1876, 
shall  give  bond  with  security  to  the  State  of  Colorado  in  the 
amount  and  in  such  manner  as  is  now  prescribed  by  law  for 
their  respective  offices  in  the  Territory  of  Colorado. 

Sec.  15.  The  General  Assembly  shall,  by  law,  uniform  in 
its  operation,  provide  for  and  regulate  the  fees  of  all  county 


184  PROCEEDINGS    OF    THE 

and  precinct  officers  and  also  the  duties  of  such  officers  that 
are  not  herein  provided  for. 

Sec.  16.  The  county  officers  in  all  counties  shall  be  paid 
a  salary  to  be  fixed  by  the  Board  of  County  Commissioners,  but 
the  same  shall  be  paid  out  of  the  fees  collected  by  the  officer, 
and  shall  in  no  case  exceed  the  amount  of  money  so  collected, 
and  when  such  officer  shall  have  collected  sufficient  money  in 
fees  to  pay  his  salary,  he  shall  pay  the  remainder  to  the  County 
Treasurer,  and  for  collecting  fees  over  and  above  the  amount 
of  his  salary,  each  officer  shall  be  allowed  a  certain  percent- 
age to  be  fixed  by  the  Board  of  County  Commissioners. 

Sec.  17.  All  [Each]  officers  [officer]  who  receive  [receives] 
a  salary  shall,  at  the  expiration  of  each  ninety  days,  make  a  re- 
port to  the  County  Treasurer,  under  oath,  of  all  his  fees  and 
emoluments  and  pay  to  such  treasurer  all  funds  in  his  hands 
over  and  above  the  amount  due  him  on  his  salary. 

Sec.  18.  Except  as  otherwise  directed  by  this  Convention, 
the  General  Assembly  shall  provide  for  the  election  or  appoint- 
ment of  such  other  county,  township  and  municipal  officers  as 
public  convenience  may  require;  and  their  terms  of  office  and 
duties  shall  be  as  prescribed  by  law;  but  no  term  of  office  shall 
exceed  two  years. 

Sec.  19.  The  General  Assembly  shall  provide  by  general 
laws  for  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four;  and  the 
power  of  each  class  shall  be  defined  by  general  laws  so  that  all 
municipal  corporations  of  the  same  class  shall  possess  the  same 
powers  and  be  subject  to  the  same  restrictions. 

Sec.  20.  The  General  Assembly  shall  also  make  provisions 
by  general  law,  whereby  any  city,  town  or  village,  existing  by 
virtue  of  any  special  or  local  law,  may  elect  to  become  subject 
to  and  be  governed  by  the  general  laws  relating  to  such  cor- 
poration. 

On  motion  of  Mr.  Hough,  the  report  was  received,  ordered 
printed,  and  laid  on  the  table  for  future  consideration. 

Messrs.  Ebert  and  Stone  appeared  and  took  their  seats. 

The  President  announced  as  the  next  order  of  business,  the 
consideration  of  the  report  of  the  Committee  on  State  Institu- 
tions and  Buildings,  and  on  motion  of  Mr.  Kennedy,  the  Con- 
vention resolved  itself  into  Committee  of  the  Whole,  to  con- 
sider the  report  of  the  Committee  on  State  Institutions  and 
Buildings,  Mr.  Felton  in  the  chair,  and  after  some  time  spent 
therein,  the  President  resumed  the  chair.  Mr.  Felton  reported 
that  the  Committee  of  the  Whole  Convention  having,  according 
to  order,  had  under  consideration  the  report  of  the  Committee 
on  State  Institutions  and  Buildings,  had  maae  some  progress 
therein,  and  asked  leave  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  James,  the  report  of  the  Committee  of  the 
Whole  was  received  and  leave  granted  to  sit  again  at  2  o'clock. 


CONSTITUTIONAL   •  <>\  VKNTION.  185 


Mr.    IUvk    nskrd    iravi-   <»t    absence   until    next   Monday   at 
2   o'clock,   which    was   granted. 

On   motion   of  Mr.   James,   Convention   adjourned   until   2 
o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Beck,  Cushman,  Ellsworth,  Head,  Meyer, 
Marsh,  Rockwell,  Stone,  Thatcher,  Vijil,  White,  Wells,  Wilcox, 
Widderfield  and  Yount. 

Unanimous  consent  being  given,  on  motion  of  Mr.  Clark, 
Mr.  Hurd,  chairman  of  the  Committee  on  Education  and  Edu- 
cational Institutions,  presented  the  report  of  that  committee, 
as  follows: 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Education  and  Educa- 
tional Institutions,  to  whom  was  referred  the  subject  matter 
pertaining  to  that  part  of  the  Constitution,  beg  leave  to  state 
that  they  have  had  the  same  under  consideration  and  present 
the  accompanying  articles  as  their  report. 
All  of  which  is  respectfully  submitted. 

D.  HURD, 

Chairman. 
B.   L.   CARR, 
WILBUR  F.   STONE, 
R.  DOUGLAS, 
JOHN    S.    WTHEELER, 

Committee. 
PUBLIC  EDUCATION.       , 

Section  1.  The  supervision  of  instruction  in  the  public 
schools  of  this  State  shall,  be  vested  in  a  board  of  education, 
whose  powers  and  duties  shall  be  prescribed  by  law.  The  State 
Superintendent  of  Public  Instruction  shall  be  president  of  the 
board.  The  Secretary  of  State  and  Attorney  General  shall  be 
ex-officio  members,  and,  with  the  Superintendent  of  Public  In- 
struction, compose  the  State  Board  of  Education. 

Sec.  2.  The  General  Assembly  shall,  as  soon  as  practic- 
able, after  the  adoption  of  this  Constitution,  provide  for  the 
establishment  and  maintenance  of  a  thorough  and  uniform 
system  of  free  public  schools  throughout  the  State,  including 
elementary,  intermediate  and  university  departments,  where 
all  residents  of  the  State  between  the  ages  of  five  and  twenty- 
one  years  may  be  educated  gratuitously.  One  or  more  public 
schools  shall  be  maintained  in  each  school  district  within  the 


186  PROCEEDINGS    OF    THE 

State  at  least  three  months  in  each  year.  Any  school  district 
failing  to  have  such  school  shall  not  be  entitled  to  receive  any 
portion  of  the  school  fund  for  that  year. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact.  The  interest  thereon  only  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State  and 
shall  be  distributed  amongst  the  several  counties  and  school 
districts  of  the  State  in  such  manner  as  may  be  prescribed  by 
law.  No  part  of  this  fund,  principal  or  interest,  shall  ever  be 
transferred  to  any  other  fund  or  used  or  appropriated  except 
as  herein  provided.  The  State  Treasurer  shall  be  the  custodian 
of  this  fund,  and  the  State  shall  pay  interest  thereon  at  the 
rate  of  ten  per  centum  per  annum,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  5.  The  public  school  fund  of  the  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  or  may  here- 
after be  granted  to  the  State  by  the  general  government  for 
educational  purposes;  all  estates  that  may  escheat  to  the  State, 
the  clear  proceeds  of  all  fines,  penalties  and  forfeitures  col- 
lected under  the  penal  laws  of  the  State,  all  property  given 
or  bequeathed  to  the  State  for  educational  purposes,  and  all 
proceeds  derived  from  any  or  all  such  sources. 

Sec.  6.  There  shall  be  a  County  Superintendent  of  Schools 
in  each  county  in  the  State,  whose  term  of  office  shall  be  two 
years,  and  whose  duties,  qualifications  and  compensation  shall 
be  prescribed  by  law.  The  County  Superintendent  of  Schools 
shall  be  ex-officio  Commissioner  of  Lands  within  his  county  and 
shall  discharge  the  duties  of  said  office  under  the  direction  of 
the  State  Board  of  Land  Commissioners,  as  directed  by  law. 

Sec.  7.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  public  corporation 
shall  ever  make  an  appropriation,  or  pay  from  any  public 
fund  whatever,  anything  in  aid  of  any  church  or  sectarian 
society  or  for  any  sectarian  purpose  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution  controlled  by  any  church  or 
sectarian  denomination  whatever;  nor  shall  any  grant  or  do- 
nation of  land  or  money  or  other  personal  property  ever  be 
made  by  the  State  or  any  such  public  corporation  to  any 
church  or  for  any  sectarian  purpose. 

Sec.  8.  No  religious  test  or  qualification  shall  ever  be 
required  of  any  person  as  a  condition  of  admission  into  any  pub- 
lic .educational  institutions  of  this  State,  either  as  teacher  or 
student,  and  no  teacher  or  student  of  any  such  institution 
shall  ever  be  required  to  attend  or  participate  in  any  religious 
service  whatever. 

Sec.  9.  The  Superintendent  of  Public  Instruction,  Secre- 
tary of  State  and  Attorney  General  shall  constitute  the  State 
Board  of  Land  Commissioners,  who  shall  have  the  direction. 


CONSTITUTIONAL    CONVENTION.  187 

roii i  ml  and  disposition  of  the  public  lands  of  the  State  under 
surli  i«  millions  as  may  be  prescribed  by  law. 

Sec.  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  all  the  lands  heretofore  or  which  may 
hereafter  be  granted  to  the  State  by  the  General  Government, 
under  such  regulations  as  may  be  prescribed  by  law,  and  in 
such  manner  as  wrill  secure  the  maximum  possible  amount 
therefor.  No  law  shall  ever  be  passed  by  the- General  Assembly 
(granting)  any  privileges  to  persons  who  may  have  settled  upon 
any  such  public  lands,  subsequent  to  the  survey  thereof  by  the 
General  Government,  by  which  the  amount  to  be  derived  by  the 
sale  or  other  disposition  of  such  lands  shall  be  diminished  di- 
rectly or  indirectly. 

Sec.  11.  The  General  Assembly  may  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall  at- 
tend the  public  schools,  during  the  period  between  the  ages 
of  six  and  eighteen  years,  for  a  time  equivalent  to  three  years, 
unless  educated  by  other  means. 

Sec.  12.  All  citizens  of  the  State  of  the  age  of  twenty-one 
years  and  upwards  shall  be  entitled  to  vote  on  all  matters 
pertaining  to  public  schools  and  shall  be  eligible  to  any  office 
which  may  be  created  by  the  school  laws  of  the  State. 

Sec.  13.  There  shall  be  elected  in  each  judicial  district 
in  this  State,  at  the  time  of  the  election  of  judges  thereof,  a 
Regent  of  the  University  of  Colorado,  whose  term  of  office  shall 
be  the  same  as  that  of  said  judges.  The  Regents  thus  elected 
and  their  successors  shall  constitute  a  body  corporate  to  be 
known  by  the  name  and  style  of  the  Regents  of  the  University 
of  Colorado. 

Sec.  14.  The  Regents  of  the  University  shall,  at  their  first 
meeting,  or  as  soon  thereafter  as  practicable,  elect  a  president 
of  the  University,  who  shall  hold  his  office  until  removed  by 
the  board  for  cause;  he  shall  be  ex-officio  a  member  of  the  board, 
with  the  privilege  of  speaking,  but  not  of  voting;  he  shall  pre- 
side at  the  meetings  of  the  board  and  be  the  principal  execu- 
tive officer  of  the  University  and  a  member  of  the  faculty 
thereof. 

Sec.  15.  The  Board  of  Regents  shall  have  the  general  su- 
pervision of  the  University  and  the  exclusive  control  and  direc- 
tion of  all  funds  of  and  appropriations  to  the  University.  The 
General  Assembly  shall,  as  soon  as  practicable,  provide  for 
the  support  of  the  Agricultural  College  and  the  School  of  Mines, 
and  may  make  the  same  branches  of  the  University  and  place 
them  under  the  supervision  of  the  Regents  of  the  University. 

On  motion  of  Mr.  Felton,  the  report  was  received,  ordered 
printed,  and  laid  upon  the  table  for  the  future  consideration  of 
the  Convention. 


188  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Boyles,  the  Convention  resolved  itself  in- 
to Committee  of  the  Whole,  to  further  consider  the  report  of 
the  Standing  Committee  on  State  Institutions  and  Buildings, 
Mr.  Felton  in  the  chair,  and  after  some  time  spent  therein,  the 
President  resumed  the  chair  and  Mr.  Felton  submitted  the  fol- 
lowing report: 

Denver,  Colorado,  January  29th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention 
of  Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
State  Institutions  and  Buildings,  having,  according  to  order, 
had  under  consideration  said  report,  have  directed  me  to  report 
the  same  back  with  sundry  amendments  thereto,  and  ask  the 
concurrence  of  the  Convention  therein,  in  the  words  following: 

W.   B.   FELTON, 
Chairman  of  the  Committee  of  the  Whole. 

STATE   INSTITUTIONS  AND   BUILDINGS. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind, 
deaf,  mute  and  such  as  are  educational,  reformatory  and  penal, 
and  such  other  institutions  as  the  public  good  may  require, 
shall  be  established  and  supported  by  the  State,  in  such  man- 
ner as  may  be  prescribed  by  law. 

Sec.  2.  The  trustees,  regents  and  managers  of  all  such 
State  institutions  as  are  named  or  contemplated  in  the  pre- 
ceding section  shall  be  appointed  and  vacancies  filled  by  the 
Governor,  as  provided  in  article  — ,  section  seven,  of  this  Con- 
stitution, unless  otherwise  provided  by  this  Constitution  or  by 
law. 

Sec.  3.  The  General  Assembly  shall,  at  the  earliest  prac- 
ticable period,  provide  by  law  that  the  several  grants  of  land 
made  by  Congress  to  the  State  shall  be  judiciously  located  and 
carefully  preserved  and  held  in  trust,  subject  to  disposal  for 
the  benefit  and  use  of  the  respective  objects  for  which  said 
grants  of  land  were  made,  and  the  General  Assembly  shall  pro- 
vide for  the  sale  of  said  lands  from  time  to  time  and  for  the 
faithful  application  of  the  proceeds  thereof  in  accordance  with 
the  terms  of  said  grants. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to 
change  or  to  locate  the  seat  of  government  of  the  State,  but 
shall  at  its  first  session  subsequent  to  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  eighty,  provide  by  law  for 
submitting  the  question  of  the  permanent  location  of  the  seat 
of  government  to  the  qualified  electors  of  the  State  at  the 
general  election  then  next  ensuing,  and  a  majority  of  all  the 
votes  cast  at  said  election  shall  be  necessary  to  determine  the 
location  thereof.  Said  General  Assembly  shall  also  provide  that 
in  case  there  is  no  choice  of  location  at  said  election,  the  two 


CONS  I'll  I    lln.XAI.    CONVENTION.  189 

places  having  the  highest  numlM-p  <>f  votes  cast  at  said  election 
for  the  location  of  the  seat  of  government  shall  be  submitted  in 
like  manner  to  the  qualified  electors  of  the  State  at  the  general 
election  then  next  ensuing;  provided,  that  until  the  seat  of 
government  shall  have  been  permanently  located,  as  herein 
provided,  the  temporary  location  thereof  shall  remain  at  the 
city  of  Denver. 

Sec.  5.  When  the  seat  of  government  shall  have  been 
located,  as  herein  provided,  the  location  thereof  shall  not 
thereafter  be  changed,  except  by  a  vote  of  two-thirds  of  the 
legal  electors  of  the  State  voting  on  that  question  at  some 
general  election  at  which  the  question  of  location  of  the  seat  of 
government  shall  have  been  submitted  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  make  no  appropria- 
tion or  expenditure  for  Capitol  buildings  or  grounds  until  the 
seat  of  government  shall  have  been  permanently  located,  as 
herein  provided. 

The  Committee  of  the  Whole  Convention  have  further  di- 
rected me  to  report  back  to  the  Convention,  section  7  of  the  re- 
port of  the  Committee  on  State  Institutions  and  Buildings, 
together  with  sundry  amendments  thereto,  with  the  recom- 
mendation that  the  same  be  referred  back  to  the  Committee  on 
State  Institutions  and  Buildings,  as  follows: 

(Signed)  W.  B.  FELTON, 

Chairman  of  the  Committee  of  the  Whole. 

"Sec.  7.  All  Territorial  institutions  heretofore  established 
under  the  laws  of  the  Territory  of  Colorado  are  hereby  declared 
to  be  institutions  of  the  State  of  Colorado,  with  all  the  corpor- 
ate and  vested  rights,  privileges,  immunities  and  franchises 
which  in  any  manner  pertain  or  belong  thereto." 

Amendment  offered  by  Mr.  Stone,  to  add  to  the  section  the 
words  "not  in  conflict  with  this  Constitution." 

Amendment  offered  by  Mr.  Carr,  to  strike  out  all  after 
the  words  "State  of  Colorado,"  in  second  line,  and  insert  in 
lieu  thereof  the  words  "and  under  the  control  of  the  General 
Assembly,  all  grants,  donations  and  appropriations  of  real  or 
personal  estate,  which  have  been  heretofore  made  to  any  such 
institutions,  are  hereby  confirmed  to  the  use  of  such  institu- 
tions, according  to  the  terms  and  conditions  thereof.  And  it 
shall  be  the  duty  of  the  several  boards  of  trustees  or  managers 
of  such  institutions  to  transfer  the  management  of  the  same 
to  the  officers  provided  for  the  supervision  thereof  by  this  Con- 
stitution or  by  law. 

Mr.  James  moved  that  the  report  be  received,  which  was 
agreed  to. 

Mr.  Thatcher  moved  to  amend  section  4,  as  reported  by 
Committee  of  the  Whole,  by  inserting  in  fourth  line,  after  the 
words  "said  election,"  the  words  "on  that  question,"  which 
was  agreed  to. 


190  PROCEEDINGS    OF    THE 

Mr.  Webster  moved  that  section  7  of  the  article  reported 
by  the  Committee  on  State  Institutions  and  Buildings,  to- 
gether with  the  amendments  thereto,  reported  by  the  Com- 
mittee of  the  Whole,  be  recommitted  to  the  Committee  on  State 
Institutions  and  Buildings,  which  was  agreed  to. 

On  motion  of  Mr.  Boyles,  the  article  on  State  Institutions 
and  Public  Buildings,  as  reported  to  the  Convention  by  the 
Committee  of  the  Whole,  was  laid  upon  the  table  for  future 
consideration. 

By  unanimous  consent  of  the  Convention,  Mr.  Cooper, 
Chairman  of  the  Committee  on  Engrossing  and  Enrolling, 
presented  the  following  report: 

Denver,  January  29th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Committee  on  Engrossing,  to  whom  was 
referred  article  entitled  "Militia,"  and  adopted  by  the  Con- 
vention, with  orders  to  have  it  engrossed,  beg  leave  to  report 
the  same  correctly  engrossed. 

(Signed)  A.  D.  COOPER, 

Chairman  of  Committee. 
Denver,  January  29th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Engrossing,  to  whom  was 
referred  report  of  Committee  of  the  Whole  on  Legislature  and 
Legislation,  with  instructions  to  have  it  engrossed,  beg  leave 
to  report  the  same  back  correctly  engrossed. 

(Signed)  A.  D.  COOPER, 

Chairman  of  Committee. 

On  motion  of  Mr.  Felton,  the  reports  of  the  Committee 
on  Engrossing  and  Enrolling  were  received. 

Mr.  Felton  moved  that  the  article  entitled  "Militia,"  re- 
ported by  the  Committee  on  Engrossing  and  Enrolling,  as  cor- 
rectly engrossed,  be  referred  to  the  Committee  on  Revisions 
and  Adjustments,  which  was  agreed  to. 

On  motion  of  Mr.  Clark,  that  portion  of  the  report  of  the 
Committee  on  Engrossing  and  Enrolling,  relating  to  Legislature 
and  Legislation,  was  referred  to  the  Committee  on  Printing. 

On  motion  of  Mr.  Felton,  the  Convention  adjourned  until 
10  o'clock  a.  m.  on  Monday. 


CONSTITUTIONAL    •  n.\  VKNTION.  191 


MONDAY,  JAM  A  KY  31ST,  1876,  10  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Head,  Marsh,  Meyer,  Rock- 
well, Stone,  White,  Wilcox  and  Yount. 

The  Journal  having  been  partially  read,  Mr.  James  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
reports  of  various  Standing  Committees  be  dispensed  with, 
which  was  agreed  to. 

The  reading  of  the  Journal  was  then  completed  and  the 
same  approved. 

Mr.  Ebert  presented  the  following  memorial  and  :>n  his  own 
motion  it  was  ordered  spread  on  the  Journal  and  referred  to  the 
Committee  on  Public  and  Private  Corporations  and  the  Com- 
mittee on  Commerce. 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Your  memorialists,  deeply  interested  in  the  development  of 
every  portion  of  our  Territory  and  realizing  the  important  re- 
lation which  the  building  of  railroads  bears  to  said  develop- 
ment, would  respectfully  ask  your  Honorable  body  to  so  frame 
the  Constitution  as  that  it  shall  render  the  value  of  capital 
invested  in  Colorado  railroads  secure  from  being  impaired  by 
unjust  interference  with  the  same.  We  would  not  ask  any  spe- 
cial benefits  or  exemptions  for  railroads  over  any  other  class  of 
property,  but  we  would  not  jeopardize  the  construction  of  more 
roads  in  the  Territory,  nor  be  unjust  to  those  which  are  now  in 
operation.  Hence  we  ask  your  Honorable  body  to  omit  from  the 
Constitution  any  provision  which  would  make  it  the  duty  of  the 
General  Assembly  of  the  State  to  legislate  in  opposition  to  the 
spirit  of  this  petition. 

And  your  memorialists  will  ever  pray,  etc., 

(Signed)        J.  S.  BROWN  and  Brother  and  Fifty  Others. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  the  reports  of  the  Standing  Committees  on  "Future 
Amendments,"  "Counties,"  and  "Education  and  Educational 
Institutions,"  as  correctly  printed. 

There  being  no  objection,  the  reports  of  the  Committee  on 
Printing  were  received  and  filed  by  the  Secretary. 

Messrs.  Webster,  Stone,  Garcia  and  Boyles  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Pease,  the  rules  were  suspended  and  Mr. 
Pease  moved  to  reconsider  the  vote  by  which  the  consideration 
of  the  report  of  the  Standing  Committee  on  State,  County  and 


192  *  PROCEEDINGS    OF    THE 

Municipal  Indebtedness  was  made  the  special  order  for  Wed- 
nesday next,  which  was  agreed  to. 

On  motion  of  Mr.  Pease,  the  report  of  the  Committee  on 
State,  County  and  Municipal  Indebtedness  was  taken  from  the 
table. 

On  motion  of  Mr.  Pease,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Committee 
on  State,  County  and  Municipal  Indebtedness,  Mr.  Carr  in 
the  Chair,  and,  after  some  time  spent  therein,  the  President 
resumed  the  Chair  and  Mr.  Carr  reported  that  the  Committee 
of  the  Whole  Convention,  having  according  to  order  had  under 
consideration  the  report  of  the  Committee  on  State,  County  and 
Municipal  Indebtedness,  had  made  some  progress  therein  and 
asked  leave  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Felton,  the  report  was  received  and 
leave  granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned  until 
2  o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Elder,  Head,  Marsh, 
Meyer,  Rockwell,  Stover,  Stone,  White,  Wells,  Wilcox  and 
Yount. 

By  leave,  there  being  no  objection,  Mr.  Hough,  Chairman  of 
the  Committee  on  Printing,  reported  back  the  report  of  the  Com- 
mittee of  Whole  on  Legislature  and  Legislation,  as  correctly 
printed.  There  being  no  objection,  the  report  was  received  and 
filed  by  the  Secretary. 

Mr.  Elder  appeared  and  took  his  seat. 

The  President  announced  the  next  order  of  business 
to  be  the  consideration  of  the  report  of  the  Committee  on 
State,  County  and  Municipal  Indebtedness,  in  Committee  of  the 
Whole. 

Mr.  Beck  moved  to  reconsider  the  vote  by  which  leave 
was  granted  to  the  Committee  of  the  Whole  to  sit  again  at 
2  o'clock,  to  consider  said  report,  and  the  question  being  on 
the  motion  of  Mr.  Beck  to  reconsider,  and  being  put,  and  a 
division  having  been  called,  it  resulted  in  the  vote:  Ayes,  11; 
noes,  11. 

So  according  to  the  rules  it  was  decided  in  the  negative, 
and  the  Convention  refused  to  reconsider  the  vote. 

Mr.  Ellsworth  moved  to  adjourn  until  9  o'clock  a.  m.  to- 
morrow. 

And  the  question  being  on  the  motion  of  Mr.  Ellsworth  to 
adjourn,  and  being  put,  and  a  division  being  called,  it  was 
decided  in  the  affirmative.  Ayes,  14;  noes.  12. 

So  the  Convention  adjourned  until  9  o'clock  a.  m.,  to- 
morrow. 


CONSTITUTIONAL   <  <>.\ YKNTION.  193 


TUESDAY,  FEBRUARY  1ST,  1876,  9  O'CLOCK   A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  Keller. 

Roll   railed. 

Absent — Messrs.  Barela,  Boyles,  Garcia,  Marsh,  Rockwell, 
Slum*.  \\  liite  and  Yount. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Clark  presented  a  petition  from  twenty-four  citizens 
<»t'  Clear  Creek  county,  asking  that  certain  classes  of  property 
be  exempted  from  taxation,  which  was  referred  to  the  Com- 
mittee on  Revenue  and  Finance. 

Mr.  Wilcox,  Chairman  of  the  Committee  on  Federal  Rela- 
tions, presented  a  report  from  that  Committee,  as  follows: 

To  the  President  and  Representatives  of  the  Constitutional 
Convention  of  Colorado: 

Gentlemen — Your  Committee,  to  whom  was  referred  the 
petition  of  Henry  Yeaman,  on  the  subject  of  the  Old  and  New 
Testaments,  beg  leave  to  report  that  they  have  had  the  same 
under  their  consideration,  and  since  its  re-reference  to  them, 
they  have  sought  diligently  to  acquaint  themselves  with  the 
facts  and  requirements  in  said  petition  stated,  but  unfortunately 
for  this  Convention,  your  Committee  is  unable  to  determine 
(as  they  are  ignorant  of  both  Hebrew  and  Greek)  whether  or 
not  any  or  all  of  the  Bible  is  correctly  translated,  and  the 
original  manuscript  in  which  the  Holy  Scriptures  were  written, 
it  is  not  within  the  power  of  this  Committee,  or  even  of  this 
Convention,  to  obtain. 

The  Convention  can  very  readily  appreciate  our  difficulty. 

Again,  your  Committee  do  not  deem  it  best  to  entail  upon 
the  Legislature  of  this  Territory,  the  solution  of  questions  de- 
manded by  this  petition.  Many  of  the  members  of  this  Con- 
vention have  been  honored  with  seats  in  the  Colorado  Legisla- 
ture, and  as  ambition  still  exists,  it  is  not  improbable  that 
many  of  us  will  be  called  upon  to  represent  our  neighbors  in 
the  State  Legislature  of  the  Centennial  State  of  Colorado. 

Your  Committee  cannot  under  the  circumstances  and  the 
kind  feelings  in  which  every  member  of  this  Convention  is  held, 
think  of  imposing,  even  contingently,  so  arduous  a  duty  upon 
any  one  who  has  the  honor  of  a  seat  in  this  Convention. 

The  gentleman  who  made  the  motion  to  refer  this  petition 
to  the  Committee  (and  he  no  doubt  will  be  able  to  give  general 
insi  ructions  in  construing  a  fundamental  and  constitutional 
law),  as  well  as  those  who  have  been  urging  your  Committee  to* 
determine  the  question,  have  our  hearty  commiseration,  and 


194  PROCEEDINGS    OF    THE 

if  your  Committee  had  the  ability  and  power  to  report  the  facts 
and  enlighten  their  minds,  they  would  gladly  do  so.  But  your 
Committee  are  unable  so  to  do.  They  feel  warranted  in  saying 
that  no  Legislature  or  committee  thereof  will  be  able  to  do  what 
your  Committee  find  impossible,  and  they  are  therefore  un- 
willing to  entail  upon  them  the  performance  of  that  which  will 
result  in  certain  failure. 

Your  committee  therefore  return  to  this  honorable  body  the 
said  petition  and  would  recommend  that  all  action  thereon  be 
referred  to  the  Convention,  which  doubtless  will  be  called  in  the 
future  to  revise  and  reform  our  actions.  All  of  which  is  respect- 
fully submitted. 

P.  P.  WILCOX, 

Chairman    Committee   on   Federal   Relations. 

Mr.  Wilcox  moved  that  the  report  be  laid  upon  the  table,  and 
ordered  printed. 

Mr.  Carr  moved  to  amend  the  motion  of  Mr.  Wilcox,  by  re- 
ferring the  report  to  the  Committee  on  Federal  Relations. 

And  the  question  being  on  the  amendment  offered  by  Mr. 
Carr,  and  being  put,  and  a  division  being  called,  it  was  decided 
in  the  negative.  Ayes,  1;  noes,  11. 

Mr.  Hurd  moved  to  amend  the  motion  of  Mr.  Wilcox  by 
striking  out  the  words  "and  ordered  printed,"  which  was 
agreed  to. 

The  question  then  recurring  on  the  motion  of  Mr.  Wilcox,  as 
amended  by  Mr.  Hurd,  it  was  agreed  to.  So  the  Convention  laid 
the  report  of  the  committee  on  the  table. 

Messrs.  Garcia,  Boyles,  Rockwell  and  Stone  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Wells,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  further  consider  the  report  of  the 
Standing  Committee  on  State,  County  and  Municipal  Indebted- 
ness, Mr.  Carr  in  the  chair,  and  after  some  time  spent  therein  the 
President  resumed  the  chair  and  Mr.  Carr  presented  the  follow- 
ing report :  . 

Denver,  February  1,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen— The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
State,  County  and  Municipal  Indebtedness,  having,  according  to 
order,  had  under  consideration  said  report,  have  directed  me  to 
report  the  same  back  with  sundry  amendments  thereto  and  ask 
the  concurrence  of  the  Convention  therein,  in  the  words  following. 

B.  L.  CARR, 
Chairman   of  Committee  of  the  Whole. 


CONSTITUTIONAL   CONVENTION.  195 

STATE,  COUNTY  AND  MUNICIPAL  INDEBTEDNESS. 

Section  1.  Neither  the  State,  nor  any  county,  city,  town, 
township  or  school  district  shall  lend  or  pledge  the  credit  or 
faith  thereof  directly  or  indirectly,  absolutely,  conditionally  or 
contingently  in  any  manner  to  or  in  aid  of  any  person,  associa- 
tion of  persons,  company  or  corporation,  public  or  private,  for 
any  amount  or  for  any  purpose  whatever,  or  assume,  undertake,' 
guarantee  or  become  responsible  or  liable  for  any  debt,  under- 
taking, obligation,  contract  or  liability  of  any  person,  association, 
company  or  corporation,  public  or  private,  in  or  out  of  this  State. 

Sec.  3.  The  S'tate  shall  not  contract  any  debt  by  loan  in  any 
form  except  to  provide  for  casual  deficiencies  of  revenue,  erect 
public  buildings  for  use  of  the  State,  suppress  insurrection,  de- 
fend the  State  and  in  time  of  war  assist  in  defending  the  United 
States,  and  the  amount  of  debt  contracted  in  any  one  year  to  pro- 
vide for  deficiencies  of  revenue  shall  not  exceed  an  amount  equal 
to  one-fourth  of  one  mill  on  each  dollar  of  valuation  of  taxable 
property  within  the  State,  and  the  aggregate  amount  of  such 
debt  shall  not  at  any  time  exceed  an  amount  equal  to  three- 
fourths  of  one  mill  on  each  dollar  of  said  valuation  until  the 
amount  of  such  valuation  shall  equal  one  hundred  millions  of 
dollars,  and  thereafter  such  debt  shall  not  exceed  one  hundred 
thousand  dollars,  except  in  all  cases  as  provided  in  section  five 
hereof,  and  the  debt  incurred  in  any  one  year  for  erection  of 
public  buildings  shall  not  exceed  an  amount  equal  to  one-half  mill 
on  every  dollar  of  said  valuation,  and  the  aggregate  amount  of 
such  debt  shall  never  at  any  time  exceed  the  sum  of  fifty  thou- 
sand dollars  (except  as  provided  in  section  five  hereof),  and  in 
all  cases  the  valuation  herein  mentioned  shall  be  that  of  the  as- 
sessment last  preceding  the  creation  of  said  debt. 

Sec.  4.  In  no  case  shall  any  debt  above  mentioned  in  this 
article  be  created  except  by  a  law  which  shall  be  irrepealable 
until  the  indebtedness  thereon  provided  for  shall  have  been 
fully  paid  and  discharged.  Such  law  shall  specify  the  purposes 
to  which  the  funds  so  raised  shall  be  applied,  and  provide  for 
the  levying  of  a  tax  sufficient  to  pay  the  interest  on  and  extin- 
guish the  principal  of  such  debt  within  the  time  limited  by  such 
law  for  the  payment  thereof.  Such  time,  however,  in  case  of 
debts  contracted  for  the  erection  of  public  buildings  and  supply- 
ing deficiencies  of  revenue  shall  not  exceed  fifteen  nor  less  than 
ten  years,  and  the  funds  arising  from  the  collection  of  any  such 
tax  shall  not  be  applied  to  any  other  purpose  than  that  pro- 
vided in  the  law  levying  the  same,  and  when  the  debt  thereby 
created  shall  be  discharged  such  tax  shall  cease. 

Sec.  5.  A  debt  for  the  erection  of  public  buildings  may 
be  created  by  law  as  provided  for  in  section  4  of  this  article  not 
exceeding  in  the  aggregate  a  sum  equal  to  three  mills  on  each 
dollar  of  valuation  as  above  herein  described;  Provided,  That 
before  going  into  effect  such  law  shall  be  ratified  by  the  vote  of 


196  PROCEEDINGS    OF    THE 

a  majority  of  the  qualified  electors  of  the  State  voting  thereon 
at  a  general  election  under  such  provisions  as  the  General  As- 
sembly may  prescribe. 

The  Committee  of  the  Whole  Convention  have  further  di- 
rect me  to  report  back  to  the  Convention  sections  2,  6,  7,  8  and  9 
of  the  article  as  reported  to  the  Convention  by  the  Committee  on 
State,  County  and  Municipal  Indebtedness,  together  with  sun- 
dry amendments  thereto,  with  the  recommendation  that  the  same 
be  recommitted  to  the  committee. 

B.  L.  CARR, 
Chairman  of  Committee  of  the  Whole. 

Sec.  2.  Neither  the  State  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  become^  a  subscriber  to  or  share- 
holder or  stockholder  in  any  corporation,  joint  stock  company 
or  association,  or  a  joint  owner  with  any  person,  association  or 
corporation  or  any  municipality  whatever  in  or  out  of  this  State, 
except  as  to  such  ownership  as  may  accrue  to  the  State  by  es- 
cheat or  by  forfeiture  of  franchise  or  property  by  operation  or 
provision  of  law,  or  except  as  to  such  ownership  as  may  accrue 
jointly  with  any  county,  city,  town  or  school  district  or  to  either 
of  them  jointly  with  each  other  or  with  any  person  by  forfeiture 
of  real  estate  for  non-payment  of  taxes,  or  by  donation  for  public 
use  in  such  manner  and  to  be  so  disposed  of  as  may  be  provided 
by  law.  •"; 

S-ec.  6.  No  county  or  township  shall  contract  any  debt  by 
bond  or  other  evidence  of  indebtedness  except  for  the  purpose 
of  erecting  necessary  public  buildings  or  for  the  making  or  re- 
pairing of  public  roads  or  bridges,  canals,  water  ditches,  or  other 
means  of  supplying  such  county  or  township  with  water  for 
public  uses,  and  such  indebtedness  contracted  in  any  one  year 
shall  not  exceed  an  amount  equal  to  two  mills  on  each  dollar 
of  valuation  of  property  subject  to  taxation  by  such  county  or 
township  as  the  case  may  be;  and  the  aggregate  amount  of  such 
debt  inclusive  of  all  unfunded  or  floating  indebtedness  of  such 
county  or  township  hereafter  created  and  existing  at  the  time  of 
the  creation  of  such  debt  shall  not  exceed  an  'amount  equal  to 
four  mills  on  each  dollar  of  said  last  mentioned  valuation,  unless 
when  in  manner  provided  by  law  fixing  the  rate  of  interest  there- 
on, and  providing  for  the  levying  of  a  tax  not  exceeding  the 
rate  of  three  mills  on  each  dollar  of  valuation  last  mentioned, 
sufficient  to  pay  the  annual  interest  on  and  extinguish  the 
principal  of  such  debt  within  fifteen,  and  not  less  than  ten,  years 
from  the  creation  thereof.  The  question  of  incurring  such  debt 
shall  be  submitted  to  the  qualified  electors  of  such  county  or 
township,  and  two-thirds  of  those  voting  thereon  shall  vote  in 
favor  of  incurring  such  debt. 

Sec.  7.  Any  school  district  may,  for  the  purpose  of  erecting 
suitable  school  buildings,  purchasing  grounds  therefor,  or  for 
any  other  school  purpose  provided  by  law,  create  a  debt  by  bonds 


CONSTITUTIONAL    CONVENTION.  197 

to  run  not  exceeding  fifteen,  nor  less  than  ten.  years  on  such 
terms  as  max  lie  h\  law  prescribed,  upon  a  vole  of  a  majority  of 
flu-  o.ualifird  ehciors  who  are  taxpayers  of  such  district  voting 
i  hen  for  in  manner  prescribed  by  law. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan  in  any 
form  01- b\  con-tract, of  [for]  public  improvements,  except  by  means 
of  an  ordinance  first  legally  adopted  and  irrepealable  until  the 
indebtedness  therein  provided  for  shall  have  been  fully  paid  and 
discharged,  specifying  the  purposes  for  whirl)  the  funds  to  be 
raised  i hereby  shall  be  applied,  and  providing  for  the  levying  of 
such  tax  not  exceeding  twelve  (12)  mills  on  each  dollar  of 
valuation  of  property  subject  to  taxation  by  such  city  or  town 
as  will  he  sufficient  to  pay  the  annual  interest  and  extinguish  the 
jn-inripal  of  such  debt  within  fifteen  but  not  less  than  ten  years 
from  the  creation  thereof;  and  the  funds  arising  from  the  col- 
lection of  such  tax  shall  be  applied  to  the  purposes  in  such  ordi- 
nance specified  and  to  no  other  until  the  indebtedness  in  such 
ordinance  provided  for  shall  be  paid  and  discharged.  But  no 
such  debt  shall  be  created  unless  the  question  of  incurring  the 
same  shall  be  submitted  to  the  vote  of  the  qualified  electors  of 
such  city  or  town  at  a  general  election  for  the  election  of  coun- 
ci linen,  aldermen  or  officers  thereof,  and  two-thirds  of  the  said 
electors  voting  at  said  election  by  ballot  deposited  in  a  separate 
ballot-box  in  manner  to  be  provided  by  law,  shall  vote  in  favor 
of  creating  such  debt;  but  the  aggregate  amount  of  debt  so 
created  shall  not  at  any  time  exceed  a  sum  equal  to  three  per 
cent,  of  the  valuation  last  aforesaid.  Debts  contracted  for  the 
purpose  of  procuring  supplies  of  water  for  such  city  or  town 
are  excepted  from  the  operation  of  this  section.  The  valuation 
in  this  section  mentioned  shall  be  in  all  cases  that  of  the  assess- 
ment next  preceding  the  last  assessment  before  the  adoption  of 
such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  impair  the 
obligation  of  any  debt  heretofore  contracted  by  any  county,  city, 
town  or  school  district  in  accordance  with  the  laws  of  Colorado 
Territory,  or  preventing  the  contracting  of  any  debt  or  the  issu- 
ing of  bonds  therefor  in  accordance  with  said  laws  upon  any 
proposition  for  that  purpose  which  may  have  been  according  to 
said  laws  submitted  to  the  vote  of  the  qualified  electors  of  any 
county,  city,  town  or  school  district  before  the  day  of  this  Con- 
stitution going  into  effect. 

On  motion  of  Mr.  Clark  the  report  was  received. 

Mr.  Clark  moved  that  sections  2,  6,  7,  8  and  9  of  the  report 
of  the  Committee  on  State,  County  and  Municipal  Indebtedness, 
together  with  the  amendments  thereto,  reported  by  the  Com- 
mittee of  the  Whole  be  recommitted  to  the  Committee  on  State, 
County  and  Municipal  Indebtedness,  which  was  agreed  to. 

Mr.  Marsh  moved  that  sections  1,  3,  4  and  5,  as  reported  by 
the  Committee  of  the  Whole,  be  laid  upon  the  table  for  further 
consideration,  which  was  agreed  to. 


198  PROCEEDINGS   OP   THE 

On  motion  of  Mr.  Widderfield,  the  report  of  the  Committee 
of  the  Whole  on  Bill  of  Eights  and  its  consideration  made  the 
special  order  for  two  o'clock  this  afternoon. 

Mr.  Wells  moved  that  the  report  of  the  Committee  of  the 
Whole  on  the  Executive  Department  be  taken  up  for  considera- 
tion immediately  after  the  report  on  Bill  of  Eights  is  disposed 
of,  which  was  agreed  to. 

There  being  no  objection,  Mr.  Stone,  Chairman  of  the  Com- 
mittee on  Judiciary,  presented  the  following  report  of  that  com- 
mittee. 

To  the  Honorable  Jos.  C.  Wilson,  President  of  the  Constitutional 
Convention. 

Your  Standing  Committee  on  Judiciary,  to  whom  was  re- 
ferred the  following  resolution,  to  wit: 

That  the  Judiciary  Committee  consider  section  twenty-five 
of  the  Bill  of  Eights  and  report  to  this  Convention  whether  a 
grand  jury  may  lawfully  consist  of  twelve  members,  nine  of 
whom  concurring  may  present  a  true  bill, 

beg  leave  to  report  that  they  have  had  the  same  under  considera- 
tion and  have  consulted  such  legal  authorities  and  judicial  de- 
cisions bearing  upon  the  question  as  in  their  limited  time  the 
committee  have  been  able  to  refer  to,  and  present  the  following 
as  their  conclusion  with  some  of  the  authorities  in  support 
thereof:  The  question  turns  on  the  construction  to  be  given  to 
the  fifth  amendment  to  the  Constitution  of  the  United  States, 
which  prescribes  that  no  person  shall  be  held  to  answer  for  a 
capital  or  otherwise  infamous  crime  unless  on  a  presentment 
or  indictment  of  a  general  jury  except  in  cases  arising  in  the 
land  or  naval  forces,  etc.  If  this  language  is  construed  to  refer 
to  criminal  proceedings  in  the  courts  of  the  several  States  it 
would  follow  that  a  grand  jury  could  not  be  dispensed  with  in 
the  criminal  procedure  of  any  State,  and,  further,  that  such 
grand  jury  would  mean  a  common  law  grand  jury  consisting  of 
twenty-three  persons,  and  that,  therefore,  no  State  has  a  right  to 
provide  for  a  grand  jury  of  a  less  number.  But  that  the  evident 
intent  of  the  Section  under  consideration  is  to  prescribe  the 
manner  of  presenting  persons  accused  of  the  class  of  crimes 
enumerated  in  the  federal  courts  solely  is  scarcely  to  be  ques- 
tioned at  this  day.  Since  1830  this  very  question  has  been 
passed  upon  substantially  by  the  highest  courts. 

In  1836  the  Supreme  Court  of  Vermont  decided  a  case  in 
point  which  arose  upon  the  trial  of  one  Keyes.  On  an  information 
by  the  state's  attorney  for  an  offense  infamous  at  common  law 
which  had  been  adopted  by  the  State,  upon  motion  in  arrest  of 
judgment  and  appeal  to  the  Supreme  Court  the  defendant  re- 
lied on  the  fifth  amendment  to  the  Constitution,  claiming  that 
he  should  have  been  presented  by  indictment  by  a  grand  jury. 

The  Supreme  Court,  per  Eedfield,  J.,  in  affirming  the  judg- 
ment of  the  court  below  say : 


: 


CONSTITUTIONAL    CONVENTION.  199 

"The  amendments  were  adopted  to  limit  and  explain  the 
provisions  of  the  Constitution.  There  can  be  no  doubt  that  the 
fifth  article  of  the  amendment  was  adopted  with  reference  to  the 
second  section  of  article  third  of  the  Constitution.  This  section 
provides  for  a  national  judiciary.  It  can  not  well  be  doubted 
thai  the  provisions  of  the  Constitution  as  first  reported  and  the 
MiiH'inInuMits  all  have  reference  solely  to  trials  in  the  courts  of 
the  United  States.  'The  phraseology  clearly  indicates  this;  the 
reference  to  cases  in  the  land  and  naval  service  of  the  United 
States  (making  an  exception  in  such  cases)  clearly  indicates 
that  the  provision  in  question  has  reference  only  to  proceedings 
in  the  tribunals  of  the  United  States." 

Slate  vs.  Keyes,  8th  Vermont,  57. 

In  the  Supreme  Court  of  the  United  States  in  the  case  of 
Fox  vs.  The  State,  5th  Howard,  449,  the  opinion  that  these  pro- 
visions in  the  Constitution  refer  only  to  the  federal  courts  is 
declared  to  be  the  only  rational  and  intelligible  interpretation 
which  these  amendments  can  have. 

Language  equally  decisive  upon  this  point  is  used  by  the 
court  in  Smith  vs.  The  State  of  Maryland,  18th  Howard,  76,  and 
Withers  vs.  Buckley,  20  Howard,  90. 

In  Baron  vs.  The  City  of  Baltimore,  7th  Peters,  243,  the 
whole  question  was  fully  considered  on  a  writ  of  error  to  the 
Court  of  Appeals  of  the  state  of  Maryland.  In  this  case  Chief 
Justice  Marshall,  declaring  the  unanimous  opinion  of  the  Su- 
preme Court  of  the  United  States,  says : 

"The  question  is  of  great  importance,  but  not  of  much 
difficulty. 

"The  Constitution  was  ordained  and  established  by  the  peo- 
ple of  the  United  States  for  themselves,  for  their  own  govern- 
ment and  not  for  the  government  of  the  individual  states.  Each 
state  establishes  a  Constitution  for  itself,  and  in  that  Constitu- 
tion provided  such  limitations  and  distinctions  on  the  power  of 
its  particular  government  as  its  judgment  dictated.  The  people 
of  the  United  Spates  framed  such  a  government  for  the  United 
States  as  they  supposed  best  applied  to  their  situation,  and  best 
calculated  to  promote  their  interests.  The  powers  they  con- 
ferred on  this  government  were  to  be  exercised  by  itself,  and  the 
limitations  on  power  if  expressed  in  general  terms  are  naturally 
and,  we  think,  necessarily  applicable  to  the  government  created 
by  the  instrument.  They  are  limitations  of  power  granted  in 
the  instrument  itself,  not  of  distinct  governments  framed  by 
different  persons  and  for  different  purposes." 

And  in  concluding,  after  a  thorough  examination  of  the 
several  amendments  which  had  then  (1833)  been  adopted,  he 
observes : 

"These  amendments  contain  no  expression  indicating  an  in- 
tention to  apply  them   to  State  governments.     This  court  can 
ot  so  apply  them." 


200  PROCEEDINGS    OF    THE 

This  decision  of  the  illustrious  Marshall  has  been  frequently 
concurred  in  since  in  the  Supreme  court,,  and  always  without 
dissent. 

A  late  case  in  point  is  that  of  Mitchell  vs.  The  Common- 
wealth, 7  Wall,  in  which  the  judgment  of  the  court  was  rendered 
in  1868  by  Chief  Justice  Chase.  This  case  arose  under  the  fifth 
amendment;  and  the  chief  justice,  in  referring  to  the  opinion 
of  Marshall  above  quoted,  says: 

"In  the  views  thus  stated  and  supported  we  entirely  concur; 
they  apply  to  the  sixth  as  fully  as  to  any  other  of  the  amend- 
ments. The  scope  and  application  of  these  amendments  are  no 
longer  subjects  of  discussion  here." 

Upon  these  and  other  authorities,  both  of  text  writers  and 
judicial  decisions,  the  question  may  be  regarded  as  fully  settled, 
and  the  opinion  that  the  provisions  contained  in  these  .amend- 
ments were  not  designed  as  limits  upon  the  State  governments, 
but  as  restrictions  exclusively  upon  federal  power,  may  be  con- 
sidered res  adjudicata.  It  therefore  follows  that  a  State  may, 
if  it  chooses,  dispense  with  a  grand  jury  althogether  in  its  sys- 
tem of  criminal  jurisprudence;  and,  indeed,  several  States  of  the 
Union  have  done  this  very  thing,  and  for  years  the  right  has  not 
been  questioned.  And  if  a  State  has  the  power  to  dispense  with 
a  grand  jury  altogether  it  follows,  necessarily,  that  it  has  the 
right  to  enact  that  a  lawful  grand  jury  may  consist  of  a  number 
less  than  that  required  at  common  law. 

We  think  the  foregoing  covers  all  the  inquiry  contained  in 
the  resolution  referred  to  the  committee,  and  is,  therefore,  re- 
spectfully submitted. 

WILBUR  F.  STONE, 
Chairman  of  Judiciary  Committee. 

On  motion  of  Mr.  Wells,  the  report  was  received  and  laid 
upon  the  table  to  be  considered  with  the  report  of  the  Committee 
of  the  Whole  on  Bill  of  Rights. 

On  motion  of  Mr.  Lee,  the  Convention  adjourned  until  2 
o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Garcia,  Hurd,  Head,  Marsh, 
Meyer,  Stone,  Thatcher,  White,  Wells  and  Yount. 

The  Pesident  announced  the  next  order  of  business  to  be  the 
Consideration  of  the  report  of  the  Committee  of  the  Whole  on 
Bill  of  Rights. 

Mr.  Plumb  moved  that  the  report  be  considered  by  sections, 
which  was  agreed  to. 


CONSTITI   TinNAI.    <  <  >.\  VK.\  TION.  201 

Messrs,  KlMTi.  Thatrher.  Mryer.  Siouc,  Head,  r.areia,  Barela 
and  l!i>.\l(s  ;i|  |tand  ami  took  their  seats. 

.Mr.  .Marsh  j: resented  two  petitions  from  135  citizens  of 
Colorado,  asking  thai  ihc  pr<  amide  of  the  Constitution  shall 
contain  a  recognition  of  the  existence  of  God,  and  on  his  own 
motion  it  was  laid  on  the  table  to  be  considered  when  the  pre- 
amble is  before  the  Convention. 

Section  1  of  the  article  on  Bill  of  Rights  was  read. 

Mr.  Plumb  moved  to  amend  by  striking  out  the  words  "gov- 
ernment of  right,"  out  of  the  first  line,  and  inserting  the  words 
"governmental  power,"  which  was  not  agreed  to. 

Mr.  Bromwell  moved  that  section  1,  as  reported  by  the  Com- 
mittee of  the  Whole,  be  adopted. 

And  the  question  being,  "Will  the  Convention  Adopt  Section 
1  as  reported  by  the  Committee  of  the  Whole?"  and  being  put 
it  was  declared  in  the  affirmative.  Ayes,  33.  Noes,  0. 

Those  voting  in  the  affirmative  are:  Messrs.  Boyles,  Brom- 
well, Beck,  Carr,  Cushman,  Clark,  Cooper,  Douglas,  Ellsworth, 
Klder,  Ebert,  Felton,  Garcia,  Hurd,  Hough,  Head,  James, 
Kennedy,  Lee,  Marsh,  Meyer,  Plumb,  Pease,  Quillian,  Rockwell, 
Thatcher,  Vijil,  Webster,  Wells,  Wilcox,  Wheeler,  Widderfield 
and  Mr.  President. 

So  the  Convention  adopted  section  1  as  reported  by  the  Com- 
mittee of  the  WThole. 

On  motion  of  Mr.  Felton,  section  2  of  the  report  of  the  Com- 
mittee of  the  Whole  was  adopted. 

Mr.  James  moved  the  adoption  of  section  3  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Bromwell  moved  to  amend  by  striking  out  the  word 
"invaluable."  in  first  line,  and  inserting  the  word  "inalienable," 
which  was  agreed  to. 

And  the  question  being,  "WTill  the  Convention  Adopt  Sec- 
tion 3  as  Reported  by  the  Committee  of  the  WThole  and  Amended 
by  Mr.  Bromwell?"  and  being  put,  it  was  decided  in  the  affirma- 
tive. 

So  the  Convention  adopted  section  3  so  amended. 

Mr.  Beck  moved  the  adoption  of  section  4  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Carr  moved  to  amend  by  striking  out  the  word  "re- 
ligious" in  third  line,  and  inserting  in  same  line  after  the  word 
"opinions"  the  words  "concerning  religion." 

And  the  question  being  on  the  motion  of  Mr.  Carr  to  amend, 
and  being  put,  it  was  decided  in  the  affirmative.  Ayes,  29. 
Noes,  7. 

And  the  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Barela,  Boyles, 
Bromwell,  Beck,  Carr,  Cushman,  Clark,  Douglas,  Ellsworth, 


202  PROCEEDINGS   OF    THE 

Elder,  Ebert,  Felton,  Garcia,  Hurd,  Hough,  Head,  James,  Lee, 
Marsh,  Meyer,  Plumb,  Pease,  Rockwell,  Stone,  Vijil,  Webster, 
Wilcox,  Wheeler  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Cooper,  Kennedy, 
Quillian,  Stover,  Thatcher,  Wells  and  Widderfield. 

So  the  Convention  agreed  to  the  amendment  offered  by  Mr. 
Carr. 

Mr.  James  moved  to  adopt  the  section  as  amended. 

And  the  question  being,  "Will  the  Convention  adopt  Sec- 
tion 4  as  Reported  by  the  Committee  of  the  Whole  and  Amended 
by  Mr.  Carr?'7  and  being  put  it  was  decided  in  the  affirmative. 

So  the  Convention  adopted  section  4  as  amended. 

Mr.  Plumb  moved  the  adoption  of  section  5,  which  was 
agreed  to. 

So  the  Convention  adopted  section  5  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Wells  moved  to  concur  in  the  amendments  to  section  6 
as  reported  by  the  Committee  of  the  Wrhole,  viz. : 

To  strike  out  the  word  "certain,"  in  first  line,  and  insert 
the  words  "a  speedy;"  and  in  second  line  to  strike  out  the  word 
"sole"  and  insert  the  word  "sale,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  reported 
by  the  Committee  of  the  Whole. 

Mr.  Plumb  moved  to  adopt  section  6  as  amended  by  the 
Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  6  as  amended  by  the 
Committee  of  the  Whole. 

Mr.  James  moved  the  adoption  of  section  7  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  7  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Felton  moved  to  concur  in  the  amendment  to  section  8 
as  reported  by  the  Committee  of  the  Whole,  viz. : 

To  insert  in  first  line  after  the  word  "that"  the  words  "until 
otherwise  provided  by  law,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  reported  by 
the  Committee  of  the  Whole. 

Mr.  Carr  moved  to  strike  out  section  8  as  reported  by  the 
Committee  of  the  Whole  and  insert  the  following  as  a  substitute : 

Sec.  8.  That  until  otherwise  provided 'by  law,  all  criminal 
offenses  shall  be  prosecuted  by  indictment  or  information  as  con- 
current remedies,  excepting  in  cases  arising  in  land  or  naval 
forces  or  in  the  militia  when  in  actual  service  in  time  of  war  or 
public  danger. 

Mr.  Quillian  moved  to  amend  the  substitute  offered  by  Mr. 
Carr  by  striking  out  the  words  "or  information  as  concurrent 
remedies." 


CONSTITUTIONAL   CONVENTION.  203 

And  tluk  question  being  on  tin*  motion  nl  Mr.  Quillian  to 
nun-mi  the  substitute  offered  by  Mr.  Carr,  and  being  put,  it  was 
decided  in  the  negative. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Quillian. 

And  the  question  then  being,  "Will  the  Convention  Adopt 
the  Substitute  Offered  by  Mr.  Carr  for  Section  8  as  Reported  by 
the  Committee  of  the  Whole?"  and  being  put,  it  was  decided  in 
the  negative.  Ayes,  12.  Noes,  25. 

And  the  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Beck,  Carr, 
Crosby,  Head,  Lee,  Meyer,  Plumb,  Stone,  Vijil,  Wilcox,  Wheeler 
and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Boyles, 
Bromwell,  Cushman,  Clark,  Cooper,  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Garcia,  Hurd,  Hough,  James,  Kennedy,  Marsh, 
Pease,  Quillian,  Rockwell,  Stover,  Thatcher,  Webster,  Wells  and 
Widderfield. 

So  the  Convention  refused  to  adopt  the  substitute  for  section 
8  offered  by  Mr.  Carr. 

Mr.  Felton  moved  to  adopt  section  8  as  reported  by  the 
Committee  of  the  Whole. 

And  the  question  being,  "Will  the  Convention  Adopt  Section 
8  as  Reported  by  the  Committee  of  the  Whole?"  and  being  put, 
it  was  decided  in  the  affirmative.  Ayes,  27,  noes,  10. 

And  the  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Barela,  Boyles, 
Bromwell,  Clark,  Cooper,  Douglas,  Ellsworth,  Elder,  Ebert, 
Felton,  Garcia,  Hurd,  Hough,  James,  Kennedy,  Marsh,  Meyer, 
Pease,  Quillian,  Stone,  Stover,  Thatcher,  Vijil,  Webster,  Wells, 
Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Beck,  Carr,  Cush- 
man, Crosby,  Head,  Lee,  Plumb,  Rockwell,  Wilcox  and  Wheeler. 

So  the  Convention  adopted  section  8  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  Kennedy  moved  the  adoption  of  section  9  as  reported 
by  the  Committee  of  the  Whole. 

Mr.  Pease  moved  to  amend  by  striking  out  all  after  the 
word  "death"  in  the  fifth  line. 

Mr.  Felton  moved  to  amend  the  amendment  offered  by  Mr. 
Pease  by  striking  out  all  after  the  word  "estate"  in  fourth  line, 
which  was  not  agreed  to. 

And  the  question  then  being  on  the  motion  of  Mr.  Pease  to 
strike  out  all  after  the  word  "death"  in  fifth  line,  and  being  put, 
it  was  decided  in  the  affirmative. 

So  the  Convention  agreed  to  strike  out  all  of  the  section  after 
the  word  "death"  in  fifth  line. 


204  PROCEEDINGS   OF    THE 

Mr.  James  moved  to  adopt  section  9  as  amended. 

And  the  question  then  being  "Will  the  Convention  Adopt 
Section  9  as  Amended?"  and  being  put,  it  was  decided  in  the 
affirmative. 

&o  the  Convention  adopted  section  9  as  amended. 

Mr.  Widderfield  moved  the  adoption  of  section  10  as  re- 
ported by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  10  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Wells  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  11  as  reported  by  the  Committee  of  the  Whole, 
viz.: 

To  strike  out  the  words  "ex  parte,"  in  first  line,  and  insert 
the  words  "ex  post;"  and  to  strike  out  the  word  "or"  after  the 
word  "grant,"  in  second  line,  and  insert  in  lieu  thereof  the  word 
"of;"  also,  to  insert  the  word  "franchises"  after  the  word  "privi- 
leges" in  same  line;  and  to  strike  out  the  word  "Legislature," 
in  second  line,  and  insert  the  words  "General  Assembly,"  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  as  reported 
by  the  Committee  of  the  Whole. 

Mr.  Cooper  moved  to  amend  by  striking  out  the  word  "can," 
in  second  line,  and  inserting  the  word  "shall." 

And  the  question  being  on  the  motion  of  Mr.  Cooper  to 
amend,  and  being  put,  it  was  decided  in  the  affirmative.  Ayes, 
22.  Noes,  6. 

So  the  Convention  adopted  the  amendment  offered  by  Mr. 
Cooper. 

Mr.  Kennedy  moved  to  adopt  section  11  as  amended. 

And  the  question  being,  "Will  the  Convention  Adopt  Sec- 
tion 11  as  Amended?"  and  being  put,  it  was  decided  in  the 
affirmative. 

So  the  Convention  adopted  section  11  as  amended. 

Mr.  Stone  moved  that  the  Convention  concur  in  the  substitute 
for  section  12  of  the  report  of  the  Committee  on  Bill  of  Rights 
as  reported  by  the  Committee  of  the  Whole,  which  was  agreed 
to. 

So  the  Convention  concurred  in  the  substitute  for  section  12 
of  the  report  of  the  Committee  on  Bill  of  Rights  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Widderfield  moved  the  adoption  of  section  12  as  re- 
ported by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  12  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the 
amendments  to  section  13  as  reported  by  the  Committee  of  the 
Whole,  viz.: 


CONSI  I  I  I     IIOXAL    <(>.\\  i:\TION.  205 

To  strike  mil  llie  word  -vit  i/en."  in  lirsi  line.  Mini  insert  the 
word  "person"  in  lien  thereof,  which  was  agreed  to. 

Mr.  Plumb  moved  the  adoption  of  section  13  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  13  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the 
amendment  to  section  14  as  reported  by  the  Committee  of  the 
Whole,  viz. : 

To  strike  out  the  word  "belonging,"  in  the  third  line,  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  reported  by 
the  Committee  of  the  Whole. 

Mr.  Hough  moved  the  adoption  of  Section  14  as  reported 
by  the  Committee  of  the  Whole. 

Mr.  Beck  moved  that  section  14  be  referred  to  the  Committee 
on  Officers  and  Oath  of  Office,  with  instructions  to  embody  a 
section  in  their  report  containing  a  similar  provision  to  this 
section. 

And  the  question  being  on  the  motion  of  Mr.  Beck  to  refer 
section  14  to  the  Committee  on  Officers  and  Oath  of  Office,  and 
being  put,  jt  was  decided  in  the  affirmative. 

So  the  Convention  referred  section  14  to  the  Committee  on 
Officers  and  Oath  of  Office. 

Mr  Beck  moved  that  the  Convention  concur  in  the  amend- 
ment to  section  15  as  reported  by  the  Committee  of  the  Whole, 
viz. : 

To  strike  out  all  of  the  section  after  the  wrord  "accountable" 
in  fourth  line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  as  reported 
by  the  Committee  of  the  Whole. 

Mr.  Bromwell  moved  that  section  15  be  referred  to  the  Com- 
mittee on  Officers  and  Oath  of  Office,  with  instructions  to  embody 
the  substance  thereof  in  their  report,  which  was  agreed  to. 

So  the  Convention  referred  section  15  to  the  Committee  on 
Officers  and  Oath  of  Office. 

Mr.  Clark  moved  that  the  Convention  concur  in  the  amend- 
ment to  section  16  as  reported  by  the  Committee  of  the  Whole, 
viz. : 

To  insert  after  the  word  "agricultural,"  in  the  third  line, 
the  word  "mining,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section  16 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Felton  moved  to  amend  section  16  by  inserting  after  the 
word  "drains,"  in  seventh  line,  the  words  "reservoirs,  flumes;" 
and  after  the  word  "d  it  dies."  in  same  line,  the  words  "on  or/' 
which  was  agreed  to. 


206  PROCEEDINGS    OF    THE 

Mr.  Pease  moved  to  amend  section  16  by  striking  out  the 
words  "with  or  without  compensation,"  in  first  line,  and  insert- 
ing in  the  third  line  after  the  word  "purposes"  the  words  "upon 
just  compensation  and,"  which  was  agreed  to. 

Mr.  Rockwell  moved  to  amend  section*  16  by  inserting  in 
third  line  after  the  word  "mining"  the  words  "milling,  domestic." 

And  the  question  being  on  the  motion  of  Mr.  Rockwell  to 
amend,  and  being  put,  it  was  decided  in  the  affirmative.  Ayes,  24. 
Noes,  8. 

And  the  ayes  and  noes  being  called : 

Those  voting  in  the  affirmative  are — Messrs.  Bromwell,  Beck, 
Carr,  Clark,  Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Hurd, 
Head,  James,  Lee,  Plumb,  Pease,  Rockwell,  Stone,  Stover, 
Thatcher,  Vijil,  Webster,  Wilcox,  Wheeler  and  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Boyles, 
Cooper,  Marsh,  Meyer,  Quillian,  Wells  and  Widderfield. 

So  the  Convention  agreed  to  the  amendments  offered  by  Mr. 
Rockwell. 

Mr.  Wells  moved  to  amend  by  inserting  the  word  "necessary" 
before  the  word  "drains"  in  the  second  line. 

And  the  question  being  on  the  motion  of  Mr.  Wells  to  amend, 
and  being  put,  it  was  decided  in  the  negative.  Ayes,  9V  Noes,  23. 

And  the  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Barela,  Boyles, 
Marsh,  Meyer,  Quillian,  Vijil,  Webster,  Wells  and  Wilcox. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck, 
Carr,  Clark,  Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Felton, 
Hurd,  Head,  James,  Lee,  Plumb,  Pease,  Rockwell,  Stone,  Stover, 
Thatcher,  Wheeler,  Widderfield  and  Mr.  President. 

So  the  Convention  refused  to  adopt  the  amendment  offered 
by  Mr.  Wells. 

Mr.  Stone  moved  to  amend  section  16  by  inserting  the  words 
"whenever  necessary  for  such  purposes"  after  the  word  "pur- 
poses," in  third  line,  which  was  not  agreed  to. 

Mr.  Plumb  moved  to  adopt  section  16  reported  by  the  Com- 
mittee of  the  Whole  as  amended. 

Mr.  Plumb  moved  the  adoption  of  section  16  reported  by  the 
Committee  of  the  Whole  as  amended. 

And  the  question  being,  "Will  the  Convention  Adopt  Sec- 
tion 16  as  Reported  by  the  Committee  of  the  Whole  as 
Amended?"  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  28.  Noes,  5. 

The  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Barela,  Brom- 
well, Beck,  Carr,  Clark,  Cooper,  Crosby,  Douglas,  Ellsworth, 
J]lder,  Felton,  Hurd,  Head,  James,  Lee,  Meyer,  Plumb,  Pease, 


CONSTITUTIONAL    CONVENTION.  207 

Rockwell,  Stone,  Stovn-.  Tlmirlici.  Vijil.  Webster,  Wheeler,  Wid- 
dcrlicld.  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Marsh, 
Quillijin.  Wells  and  Wilcox. 

So  the  Convention  adopted  section  16  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  James  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  17  as  reported  by  the  Committee  of  the  Whole, 
viz. : 

To  strike  out  the  words  "jury  or,"  in  second  line,  and  insert- 
ing, in  the  same  line,  after  the  word  "free-holders"  the  words 
"or  by  a  jury  when  required  by  the  owner  of  the  property,"  which 
was  agreed  to. 

S-o  the  Convention  concurred  in  the  amendments  to  sec- 
tion 17  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Marsh  moved  to  amend  section  17  by  inserting  the  words 
"or  private"  after  the  word  "public,"  in  first  line,  which  was 
agreed  to. 

So  the  Convention  adopted  the  amendment  to  section  17 
offered  by  Mr.  Marsh. 

Mr.  Marsh  moved  to  strike  out  all  of  the  section  after  the 
word  "divested,"  in  fourth  line,  which  was  agreed  to. 

So  the  Convention  adopted  the  amendment  offered  by  Mr. 
Marsh. 

Mr.  Crosby  moved  to  adjourn,  which  was  not  agreed  to. 

Mr.  Felton,  as  an  amendment,  moved  to  strike  out  all  of  the 
section  after  the  word  "low,"  in  third  line,  which  was  not 
agreed  to. 

So  the  Convention  refused  to  adopt  the  amendment  offered 
by  Mr.  Felton. 

Mr.  Stone  moved  to  amend  section  17  by  inserting  the  word 
"needlessly"  before  the  word  "disturbed,"  in  the  fourth  line. 

And  the  question  being  on  the  motion  of  Mr.  Stone  to  amend, 
and  being  put,  and  a  division  being  called,  it  was  decided  in  the 
affirmative.  Ayes,  17.  Noes,  10. 

Mr.  Clark  moved  that  section  17,  as  amended,  be  adopted, 
and  the  question  being,  will  the  Convention  adopt  section  17  as 
reported  by  the  Committee  of  the  Whole  as  amended,  and  being 
put,  it  was  decided  in  the  affirmative,  so  the  Convention  adopted 
section  17  as  amended.  On  motion  of  Mr.  Rockwell,  the  Con- 
vention adjourned  until  9  o'clock  A.  M.  tomorrow. 


208  PROCEEDINGS    OF    THE 


WEDNESDAY,  FEBRUARY  2ND,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  of- 
fered by  Rev.  Mr.  Sturtevant.  Roll  called.  Absent — Messrs. 
Barela,  Boyles,  Hough,  Stone  and  White. 

The  Journal  having  been  partially  read,  Mr.  Pease  moved  to 
omit  the  reading  of  so  much  of  the  Journal  as  contained  the  re- 
port of  the  Committee  of  the  Whole  on  State,  County  and  Munici- 
pal Indebtedness,  and  the  report  of  the  Committee  on  Judiciary, 
which  was  agreed  to. 

The  reading  of  the  Journal  was  then  completed,  and  the 
game  approved. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  of  the  Whole  on  Bill  of  Rights.  Mr.  Widderfield 
moved  that  the  Convention  concur  in  the  amendments  to  section 
18,  as  reported  by  the  Committee  of  the  Whole,  viz. :  To  strike  out 
the  word  "country,"  in  the  fourth  line,  and  insert  in  lieu  thereof 
the  words  "county  or  district  in  which  the  offense  is  alleged  to 
have  been  committed,"  which  was  agreed  to.  So  the  Convention 
concurred  in  the  amendments  to  section  18  as  reported  by  the 
Committee  of  the  Whole.  Mr.  Pease  moved  to  amend  section  18 
by  inserting  in  the  second  line  after  the  words  "face  to  face,"  the 
words  "except  as  provided  in  section  19  of  this  article,"  which 
was  agreed  to,  so  the  Convention  adopted  the  amendment  of- 
fered by  Mr.  Pease. 

Mr.  Bromwell  moved  that  the  Convention  adopt  section  18 
as  reported  by  the  Committee  of  the  Whole,  as  amended  by  Mr. 
Pease,  which  was  agreed  to,  so  the  Convention  adopted  section 
18  as  reported  by  the  Committee  of  the  Whole  as  amended. 

Messrs.  Stone,  Boyles  and  Barela  appeared  and  took  their 
seats. 

Mr.  Pease  moved  to  amend  the  substitute  for  section  19  as 
reported  by  the  Committee  of  the  Whole,  by  inserting  after  the 
word  "taken,"  in  the  third  line,  the  words,  "and  the  accused  shall 
have  the  right  to  have  such  deposition  taken  in  his  presence." 

Mr.  Crosby  moved  to  refer  the  substitute  for  section  19  as 
reported  by  the  Committee  of  the  WThole,  with  amendments  thereto 
offered  by 'Mr.  Pease  to  the  Committee  on  Bill  of  Rights,  and  the 
question  being  on  the  motion  of  Mr.  Crosby  to  refer,  and  being 
put,  it  was  decided  in  the  affirmative,  so  the  Convention  referred 
the  substitute  for  section  19  as  reported  by  the  Committee  of  the 
Whole  with  an  amendment  thereto  offered  by  Mr.  Pease  to  the 
^Committee  on  Bill  of  Rights. 

Mr.  Carr  moved  to  reconsider  the  vote  by  which  the  substitute 
for  section  19  was  referred  to  the  Committee  on  Bill  of  Rights, 
which  was  not  agreed  (to),  so  the  Convention  refused  to  recon- 
sider. 


CONSTIT1  TIONAL    CONVENTION.  209 

.Mr.  \\'i(l(l(M-ticl(l  moved  that  the  <  'oiivnii  ion  adopt  section  -<>. 
as  reported  by  the  Committee  of  the  Whole,  which  was  agreed  to, 
so  the  convention  adopted  section  20  as  reported  by  the  Committee 
of  the  Whole. 

.M  r.  James  moved  the  adoption  of  section  21,  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Rockwell  moved  to  amend  section  21  by  striking  out  all 
of  i  he  section  after  the  word  "great,"  in  the  second  line,  and  the 
([in'stion  being  on  the  motion  of  Mr.  Rockwell  to  strike  out,  and 
being  put,  it  was  decided  in  the  affirmative.  Ayes,  27;  noes,  8; 
and  the  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are — Messrs.  Barela,  Boyles,  Bromwell,  Beck,  Carr,  Cushman, 
Clark,  Crosby,  Ellsworth,  Elder,  Ebert,  Felton,  Garcia,  Hurd, 
Hough,  Head,  James,  Lee,  Plumb,  Pease,  Rockwell,  Storer, 
Thatcher,  Vijil,  Webster,  Wheeler  and  Mr.  Presiaent. 

Those  voting  in  the  negative  are — Cooper,  Douglas,  Marsh, 
Quillian,  Wells,  Wilcox,  WTidderfield  and  Yount. 

So  the  convention  adopted  the  amendment  offered  by  Mr. 
Rockwell. 

Mr.  Clark  moved  that  the  Convention  adopt  section  31  as  re- 
ported by  the  Committee  of  the  Wrhole  as  amended,  which  was 
agreed  (to). 

So  the  Convention  adopted  section  21  as  reported  by  the  Com- 
mittee of  the  Whole  as  amended. 

Mr.  Plumb  moved  that  the  Convention  adopt  section  22  as 
reported  by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  22  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  Bromwell  moved  that  the  Convention  concur  in  the 
amendment  to  section  23  as  reported  by  the  Committee  of  the 
Whole,  viz. :  To  add  to  the  section  the  words  "unless  when  in  cases 
of  rebellion  or  invasion,  the  public  safety  may  require  it,"  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  reported  by 
the  Committee  of  the  Whole. 

Mr.  Plumb  moved  the  adoption  of  section  23  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  23  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  James  moved  the  adoption  of  section  24  as  reported  by  the 
Committee  of  the  Whole,  which  was  agreed  to. 

Su  the  Convention  adopted  section  24  as  reported  by  the  Com- 
mittee of  the  WThole. 

.Mr.  Cooper  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  25  as  reported  by  the  Committee  of  the  WThole, 
viz.,  to  strike  out  the  words  "as  heretofore  enjoyed,"  in  first  line; 
to  insert  in  second  line  after  the  word  "Civil,"  the  words  "Cases 
in  all  courts,"  and  to  strike  out  the  word  "Legislature,"  in  fourth 


210  PROCEEDINGS    OF    THE 

line  and  insert  the  words  "General  Assembly,"  which  was  agreed 
to. 

So  the  Convention  concurred  in  the  amendment  to  section  25 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Thatcher  moved  to  amend  section  25  by  inserting  after 
the  word  "inviolate/'  in  first  line,  the  words  "in  criminal  cases," 
which  was  agreed  to. 

So  the  Convention  adopted  the  amendment  to  section  25 
offered  by  Mr.  Thatcher. 

Mr.  Cooper  moved  the  adoption  of  section  25  as  amended 
by  the  Committee  of  the  Whole  as  amended  by  Mr  Thatcher,  which 
was  agreed  to. 

So  the  Convention  adopted  section  25  as  amended. 

Mr.  Hough  moved  the  adoption  of  section  26  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  26  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  James  moved  the  adoption  of  section  27  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  27  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Douglas  moved  that  the  Convention  concur  in  the  amend- 
ment to  section  28  as  reported  by  the  Committee  of  the  Whole,  viz., 
to  strike  out  the  word  "cannot,"  in  first  line  and  insert  the  words 
"shall  never,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section  28 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Plumb  moved  to  adopt  section  28  as  reported  by  the 
Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  28  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Hough  moved  the  adoption  of  section  29  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

Mr.  Felton  moved  to  insert  the  following  as  an  additional 
section  to  the  article  on  Bill  of  Rights. 

Section — Foreigners  who  are  or  may  hereafter  become  ~bona 
fide  residents  of  this  State  shall  enjoy  the  same  rights  in  respect 
to  the  possession,  enjoyment  and  inheritance  of  property  as 
natural  born  citizens. 

Mr.  Thatcher  moved  to  amend  the  section  offered  by  Mr. 
Felton  by  striking  out  the  word  "enjoyment,"  and  inserting  in 
lieu  the  word  "disposition,"  which  amendment  was  accepted  by 
Mr.  Felton. 

And  the  question  being,  will  the  Convention  adopt  the  addi- 
tional section  offered  by  Mr.  Felton  as  amended  by  Mr.  Thatcher, 
and  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  adopted  the  section  offered  by  Mr.  Felton 
as  amended  bv  Mr.  Thatcher. 


CONSI  !  I  ITIO.NAL    ruNVKNTHiN.  211 

Mr.  Felton  moved  to  reconsider  the  vote  by  which  section 
HI  as  amended  was  adopted  by  the  Convention,  which  was  not 
agreed  to,  so  the  Convention  refused  to  reconsider. 

M  r.  Thatcher  moved  that  the  section  introduced  by  Mr.  Felton 
and  as  amended  adopted  by  the  Convention  be  numbered  29  in 
the  article  on  Bill  of  Rights,  and  the  present  section  21)  in  that 
article  follow  as  section  30,  which  was  agreed  to. 

Mr.  Bromwell  moved  the  adoption  of  the  preamble  to  the 
article  on  Bill  of  Rights  as  reported  by  the  Committee  of  the 
Whole,  which  was  agreed  to. 

So  the  Convention  adopted  the  preamble  to  the  article  on 
Bill  of  Rights  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Clark  moved  that  the  section  of  the  article  on  Bill  of 
Rights  adopted  by  the  Convention  be  laid  upon  the  table  for 
future  consideration,  which  was  agreed  to. 

So  the  Convention  laid  the  section  adopted  upon  the  table. 

Mr.  Clark,  chairman  of  the  Committee  on  Mines  and  Mining 
presented  the  report  of  that  committee  as  follows : 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen:  Your  Committee  on  Mines  and  Mining,  to  whom 
was  referred  the  subject  matter  pertaining  to  that  branch  of  the 
Constitution,  respectfully  state  that  they  have  had  the  same  under 
consideration  and  as  a  preface  to  their  report  would  say:  That 
they  have  had  much  difficulty  in  ascertaining  the  subjects  proper 
to  embody  in  their  report  because  of  the  absence  of  all  precedent 
on  this  subject  and  because  the  mines  are  a  peculiar  species  of 
property  different  in  many  respects  from  any  other  in  the  State, 
and  knowing  that  the  title  to  all  mineral  veins  for  which  patents 
have  not  yet  issued  as  weir  as  to  large  sections  known  as  mineral 
land  is  retained  by  the  general  government,  and  that  the  title 
thereto  will  not  pass  to  the  State,  as  it  does  to  agricultural  and 
pastoral  lands,  and  further  that  the  general  government  reserves 
the  right  to  dispose  of  the  titles  to  mineral  veins  as  well  as  to 
make  all  laws  governing  the  acquiring  and  holding  of  said  titles, 
we  found  that  little  remains  for  the  Convention  to  provide  for. 
In  fact,  no  jurisdiction  of  the  State  attaches  to  this  species  of 
property  except  of  a  judicial  or  legislative  character,  until  the 
possessor  of  the  same  becomes  the  owner  in  fee  simple.  We  have 
therefore  reported  upon  such  matters  only  as  seemed  to  us  to 
be  fundamental,  not  deeming  it  our  province  to  suggest  as  to  any- 
thing pertaining  to  the  manner  of  acquiring  or  holding  titles  to 
mineral  bearing  veins  or  to  lands  designated  as  mineral  lands. 

Respectfully  submitted, 

WM.  M.  CLARK, 

Chairman. 


212  '  PROCEEDINGS    OF    1HE 

MINES  AND  MINING. 

Section.  1.  There  shall  be  established  and  maintained  the 
office  of  State  Geologist,  who  shall  be  ex  officio  commissioner  of 
mines,  whose  duties  shall  be  prescribed  by  the  General  Assembly. 

Sec.  2.  The  Governor  shall  with  the  advice  and  consent  of 
the  State  Senate  appoint  a  person  who  is  known  to  be  competent 
for  State  Geologist,  who  shall  hold  his  office  for  a  term  of  four 
years  unless  sooner  removed  by  the  Governor  for  cause. 

Sec.  3.  The  General  Assembly  shall  fix  the  salary  and  pre- 
scribe the  duties  of  the  State  Geologist — provide  for  the  time  and 
manner  in  which  he  shall  make  his  report  and  provide  generally 
for  the  wants  of  that  office. 

Sec.  4.  The  General  Assembly  shall  pass  such  laws  as  may 
be  necessary  for  the  protection  of  operative  mines,  by  providing 
for  proper  ventilation  of  mines  wherever  the  same  may  be  re- 
quired as  well  as  for  the  construction  of  escapement  shafts  or 
other  such  appliances  as  may  be  necessary  to  secure  safety  of  the 
work  men  in  a  mine. 

Sec.  5.  The  General  Assembly  shall  provide  by  law  for  such 
appliances  and  regulations  in  mines  being  worked  as  may  be  neces- 
sary to  protect  the  health  of  the  operators.  The  employment  of 
children  in  the  mines  under  twelve  years  of  age  is  prohibited. 

Sec.  6.  The  General  Assembly  may  make  such  regulations 
from  time  to  rime  as  may  be  necessary  for  the  proper  and  equitable 
drainage  of  mines. 

Sec.  7.  The  General  Assembly  shall  provide  by  law  for  an 
equitable  assessment  of  benefits  in  favor  of  mine  owners  and  opera* 
tors  whenever  by  works  and  expenditures  in  mines  by  draining, 
tunneling  or  otherwise  they  produce  results  which  inure  directly 
or  indirectly  1o  the  benefit  or  advantage  of  any  contiguous  or  ad- 
joining mill  or  mines  and  whether  any  mine  is  benefited  by  such 
draining,  tunneling  or  otherwise  shall  be  a  question  of  fact  to  be 
determined  by  a  jury. 

Sec.  8.  The  General  Assembly  may  provide  that  the  science 
of  mining  and  metallurgy  be  taught  in  one  or  more  of  the  institu- 
tions of  learning  under  the  patronage  of  the  State. 

Sec.  9.  No  tax  shall  be  imposed  on  any  mining  claim  or 
possessory  right  thereto  which  during  the  year  preceding  the 
time  of  making  the  assessment  has  not  produced  an  amount  of 
ore  sufficient  to  pay  the  expenses  of  mining  for  that  year. 

Sec.  10.  All  mineral  bearing  veins  the  title  to  which  is 
vested  by  fee  in  the  claimant  shall  be  assessable  for  general  pur- 
poses of  taxation  upon  the  net  product  of  the  mine  for  the  year 
in  which  such  assessment  is  made.  Said  tax  shall  be  assessed  and 
collected  as  all  other  taxes. 

Sec.  11.  The  ground  for  which  a  receiver's  certificate  of  entry 
has  been  issued  and  the  improvements  thereon  situate  shall  pay 
tax  in  proportion  to  their  cash  valuation  without  regard  to  the 
value  of  the  mineral  vein  or  veins. 


CONSTITUTIONAL    CONVENTION.  213 

Sec.  12.  The  General  Assembly  may  provide  by  law  for  the 
of  courts  of  arbitration,  which  shall  have  full  power 
to  hear  and  determine  matters  in  controversy  between  litigants 
jis  to  ihr  possessory  rights  of  parties.  In  no  case  during  tin-  p«-n- 
dmrv  of  ;i  siiii  iii  law  or  equity  in  any  of  tin-  rmirts  of  iliis  State 
shall  th<>  operations  or  working  of  a  mine  be  interfered  with  to 
the  extent  of  depreciating  its  value. 

On  motion  of  Mr.  Quillian,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Stone,  chairman  of  the  Committee  on  Judiciary,  pre- 
sented a  report  of  that  committee  as  follows: 

To  the  Honorable  the  President  of  the  Constitutional  Convention 

of  Colorado. 

Your  Standing  Committee  on  Judiciary  to  whom  was  referred 
the  certain  ordinance  offered  by  Mr.  Beck  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  offer  the  follow- 
ing substitute  for  the  original  ordinance  and  recommend  its  adop- 
tion. 

ORDINANCE. 

In  conformity  with  the  requirements  of  an  act  of  the  Con- 
gress of  the  United  States  entitled  "an  act  to  enable  the  people  of 
Colorado  to  form  a  constitution  and  State  government,  and  for 
the  admission  of  said  State  on  an  equal  footing  with  the  original 
States,"  approved  March  3rd  A.  D.,  1875,  on  behalf  and  by  the 
authority  of  the  people  of  the  Territory  of  Colorado,  this  Conven- 
tion, assembled  in  pursuance  of  said  Enabling  Act  at  the  city  of 
Denver,  the  capital  of  said  Territory,  on  the  twentieth  day  of 
December,  A.  D.  1875,  does  ordain  and  declare: 

First,  that  perfect  toleration  of  religious  sentiment  shall  be 
secured  and  no  inhabitant  of  said  State  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious 
worship. 

Second,  the  people  inhabiting  the  Territory  of  Colorado  by 
their  representatives  in  said  Convention  assembled  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the  unap- 
propriated public  lands  lying  within  said  Territory  and  that  the 
same  shall  be  and  remain  at  the  sole  and  entire  disposal  of  the 
United  States;  that  the  lands  belonging  to  the  citizens  of  the 
United  States  residing  without  said  State-  shall  never  be  taxed 
higher  than  the  lands  belonging  to  residents  thereof;  and  that 
no  taxes  shall  be  imposed  by  the  State  on  lands  or  property  therein 
belonging  to  or  which  may  hereafter  be  purchased  by  the  United 
States. 

Third,  that  this  ordinance  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  the  State  of  Colo- 
rado, all  of  which  is  respectfully  submitted. 

WILBUR  F.  STONE, 
Januarv  28th,  1876.  Chairman. 


214  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Felton,  the  report  was  received  and  the 
ordinance  ordered  printed  and  laid  upon  the  table  for  future  con- 
sideration. 

Mr.  Marsh  introduced  the  following  rule  and  moved  its  adop- 
tion : 

No  member  shall  speak  but  once  and  then  only  fifteen  minutes 
on  the  same  subject  whether  in  Committee  of  the  Whole  or  in  Con- 
vention unless  by  unanimous  consent  of  the  members  present; 
provided,  this  rule  shall  not  apply  to  the  chairman  of  any  com- 
mittee on  any  subject  matter  by  him  reported. 

Mr.  Stone  moved  to  amend  the  rule  offered  by  Mr.  Marsh  by 
striking  out  the  words  "fifteen"  and  inserting  in  lieu  thereof  the 
word  "ten,"  which  amendment  was  accepted  by  Mr.  Marsh. 

And  the  question  being  on  the  motion  of  Mr.  Marsh  to  adopt 
the  rule  introduced  by  him  and  amended  by  Mr.  Stone,  and  being 
put  it  was  decided  in  the  affirmative. 

So  the  Convention  adopted  the  rule  offered  by  Mr.  Stone. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  2 
o'clock  this  afternoon.  _ 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Koll  called. 

Absent — Messrs.  Vijil,  Webster  and  White. 

On  motion  of  Mr.  WTidderfield,  the  Convention  took  from  the 
table  the  report  of  the  Committee  of  the  Whole  on  Executive  de- 
partment. 

Mr.  Wilcox  moved  that  the  report  be  considered  by  sections, 
which  was  agreed  to. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  1,  as  reported  by  the  Committee  of  the  Whole, 
viz.:  To  insert  in  the  second  line  after  the  word  "Treasurer," 
the  words  "Attorney  General,"  and  to  strike  out  the  word  "four," 
in  third  line,  and  insert  in  lieu  the  word  "two,"  which  was  agreed 
to. 

So  the  Convention  concurred  in  the  amendments  as  reported 
by  the  Committee  of  the  Whole. 

Messrs.  Vijil  and  Webster  appeared  and  took  their  seats. 

Mr.  Carr  moved  as  an  amendment  to  section  1,  to  strike  out 
the  words  "Lieutenant  Governor,"  in  first  line. 

And  the  question  being  on  the  motion  of  Mr.  Carr  to  strike 
out  the  words  Lieutenant  Governor,  and  being  put,  it  was  decided 
in  the  negative — ayes,  6;  noes,  27. 

And  the  ayes  and  nays  being  called  for,  those  voting  in  the 
affirmative  are : 

Messrs.  Beck,  Carr,  Cooper,  Head,  Mever  and  Plumb. 

Those  voting  in  the  negative  are : 


CONSTITUTIONAL    CONVENTION.  215 

Messrs.  Barela,  Boyles,  Bromwell,  Cushman,  Clark,  Crosby, 
Douglas,  Ellsworth,  Elder,  Ebert,  Garcia,  Hurd,  Hough,  James, 
Kennedy,  Lee,  Marsh,  Pease,  Quillian,  Rockwell,  Stone,  Vigil, 
\Vilrox.  \\  InM-lcr.  \\  idderfield,  Yount  and  Mr.  President. 

So  the  Convention  refused  to  strike  out  the  word  Lieutenant 
Governor. 

Mr.  Crosby  moved  to  amend  section  1,  by  striking  out  the 
word  "two,"  in  third  line,  and  inserting  in  lieu  the  word  "four." 

And  the  question  being  on  the  motion  of  Mr.  Crosby  to  amend 
and  being  put,  it  was  decided  in  the  negative — ayes,  1;  noes,  35. 

The  member  voting  in  the  affirmative  is  Mr.  Clark. 

Those  voting  in  the  negative  are : 

Messrs.  Barela,  Boyles,  Bromwell,  Beck,  Carr,  Cushmaii, 
Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Garcia, 
Hurd,  Hough,* Head,  James,  Kennedy,  Lee,  Marsh,  Meyer,  Plumb, 
Pease,  Quillian,  Stone,  Stover,  Thatcher,  Vijil,  Webster,  Wilcox, 
Wheeler,  Widderfield,  Yount  and  Mr.  President. 

So  tEe  Convention  refused  to  adopt  the  amendment  offered 
by  Mr.  Crosby. 

Mr.  Crosby  moved  to  amend  section  1,  by  striking  out  the 
word  "two,"  in  third  line,  and  insert  in  lieu  the  word  "four,"  also 
to  insert  after  the  word  "years,"  in  third  line,  the  words  "except 
the  Auditor  of  State  and  State  Treasurer,  who  shall  hold  their 
office  for  the  term  of  two  years." 

And  the  question  being  on  the  motion  of  Mr.  Crosby  to  strike 
out  and  insert  being  put,  and  a  division  being  called,  it  was  de- 
cided in  the  negative — ayes,  13;  noes,  23. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are : 

Messrs.  Barela,  Bromwell,  Beck,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  James,  Webster. 

Those  voting  in  the  negative  are : 

Messrs.  Boyles,  Carr,  Felton,  Garcia,  Hurd,  Hough,  Head, 
Kennedy,  Lee,  Marsh,  Meyer,  Plumb,  Pease,  Quillian,  Stone, 
Stover,  Thatcher,  Vijil,  Wilcox,  Wheeler,  Widderfield,  Yount  and 
Mr.  President. 

So  the  Convention  refused  to  agree  to  the  motion  of  Mr. 
Crosby  to  amend. 

Mr.  Elder  moved  to  amend  section  1,  by  striking  out  the 
word  "they"  in  fifth  line  and  inserting  the  words  "said  officers" 
in  lieu. 

And  the  question  being  on  the  motion  of  Mr.  Elder  to  amend, 
and  being  put,  and  a  division  being  called,  it  was  decided  in  the 
affirmative — ayes,  25 ;  noes,  4. 

So  the  Convention  concurred  in  the  amendment  offered  by  Mr. 
Elder. 

Mr.  James  moved  to  adopt  section  1  as  reported  by  the  Com- 
mittee of  the  Whole,  as  amended,  which  was  agreed  to. 


216  PROCEEDINGS    OF    THE 

So  the  Convention  adopted  section  1  as  reported  by  the  Com- 
mittee of  the  Whole,  as  amended. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  2  as  reported  by  the  Committee  of  the  Whole, 
viz.,  to  strike  out  all  after  the  word  "in,"  in  second  line;  also  to 
strike  out  the  words  "of  the  S>tate  of  Colorado,"  in  the  second 
line;  also  to  strike  out  the  word  "are,"  in  second  line,  and  insert 
in  lieu  the  word  "be,"  wiiich  was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  to  section  2, 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Kennedy  moved  to  adopt  section  2  as  reported  by  the  Com- 
mittee of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  2  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  Carr  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  3  as  reported  by  the  Committee  of  the  Whole, 
viz.,  to  strike  out  all  after  the  word  "article,"  in  first  line  up  to 
and  including  the  word  "instruction,"  in  second  line,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section  3 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Boyles  moved  to  amend  section  3  by  striking  out  all  after 
the  word  "State,"  in  second  line  up  to  and  including  the  word 
"Representatives,"  in  third  line. 

And  the  question  being  on  the'  motion  of  Mr.  Boyles  to 
amend,  and  being  put,  and  a*  division  being  called,  it  was  decided 
in  the  affirmative — ayes,  24;  noes,  6. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Boyles 
to  amend. 

Mr.  Beck  moved  to  amend  section  3,  by  striking  out  the  words 
"to  the  office  for  which  he  has  been  voted  for,"  in  the  ninth  line, 
and  inserting  in  the  eighth  line  after  the  word  "votes,"  the  words 
"for  either  of  said  offices,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

Mr.  Jones  moved  to  adopt  section  3  as  reported  by  the  Com- 
mittee of  the  Whole,  as  amended,  which  was  agreed  to. 

So  the  Convention  adopted  section  3  as  reported  by  the  Com- 
mittee of  the  Whole  as  amended. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the  amend- 
ments to  section  4  as  reported  by  the  Committee  of  the  Whole,  viz., 
to  strike  out  of  first  line  the  words  "The  Governor,"  and  to  insert 
after  the  word  "civil,"  in  same  line,  the  word  "State,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendments  reported  by 
the  Committee  of  the  Whole. 

Mr.  Plumb  moved  the  adoption  of  section  4  as  reported  by  the 
Committee  of  the  Whole,  which  was  agreed  to. 


CONSTITUTIONAL    CONVENTION.  -17 

S(»  the  Convention  adopted  section  4  as  reported  by  the  Com- 
mit u-c  of  tin-  Whole,  which  \v;is  agreed  to. 

Mr.  I  Vase  moved  that  the  <  'onvent  ion  concur  in  all  the  re- 
maining amendments  to  the  article  on  Kxecntive  Department  as 
reported  by  the  Committee  of  the  Whole,  viz.: 

Sec.  5.  To  strike  out  the  word  "or,"  after  the  word  "Gover- 
nor." in  first  line,  and  insert  in  same  line  after  the  words  "Lieu- 
tenant Governor,"  the  words  "or  Superintendent  of  Public  In- 
struction:" in  second  line,  between  the  word  "and"  and  "the," 
insert  the  word  "of ;"  in  the  third  line,  strike  out  the  word  "three," 
and  insert  in  lieu  the  word  "two;"  in  the  fourth  line  strike  out  the 
word  "or,"  and  insert  after  the  word  "Treasurer"  the  words  "or 
Attorney  General ;"  strike  out  the  remainder  of  section  after  the 
word  "election,"  in  the  sixth  line,  and  add  to  the  section  the  words 
unless  he  be  a  regularly  licensed  attorney  and  counselor-at-law— 
"nor  shall  any  one  be  eligible  to  the  office  of  Attorney  General 
unless  he  be  a  regularly  licensed  attorney  and  counsellor  at  law 
of  the  Supreme  Court  of  the  Territory  or  State  of  Colorado,  in 
good  standing." 

Sec.  7.  To  strike  out  the  section  and  insert  the  following 
as  a  substitute: 

Sec.  7.  The  Governor  shall  nominate  and  by  and  with  the 
consent  of  the  Senate  appoint  all  officers  whose  offices  are  es- 
tablished by  the  Constitution  or  which  may  be  created  by  law  and 
whose  appointment  or  election  is  not  otherwise  provided  for.  In 
case  of  a  vacancy  in  any  office  which  is  not  elective  during  the 
recess  of  the  Senate,  the  Governor  shall  make  a  temporary  ap- 
pointment until  the  next  meeting  of  the  Senate,  when  he  shall 
nominate  some  person  to  fill  such  office,  and  any  person  so  nomi- 
nated who  is  confirmed  by  the  Senate  shall  hold  his  office  until 
his  successor  shall  be  appointed  and  qualified.  If  the  office  of 
Auditor  of  State,  State  Treasurer,  Secretary  of  State,  Attorney 
General  or  Superintendent  of  Public  Instruction  shall  be  vacated 
by  death,  resignation  or  otherwise,  it  shall  be  the  duty  of  the 
Governor  to  fill  the  same  by  appointment  and  the  appointee  shall 
hold  his  office  until  his  successor  shall  be  elected  and  qualified  in 
such  manner  as  may  be  provided  by  law.  The  Senate,  in  deliberat- 
ing upon  executive  nominations,  may  sit  with  closed  doors,  but 
in  acting  upon  nominations  they  shall  sit  with  open  doors,  and 
the  vote  shall  be  taken  by  ayes  and  noes,  which  shall  be  entered 
upon  the  Journal. 

Sec.  8.  To  strike  out  the  section  and  insert  the  following  as 
a  substitute: 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  .conviction  for  all  offenses,  except 
treason  or  conviction  of  impeachment,  subject  to  such  regulations 
as  may  be  provided  by  law  relative  to  the  manner  of  applying  for 
pardon,  but  he  shall  in  every  case  where  he  may  exercise  this 
power  send  to  the  General  Assembly,  at  its  first  session  thereafter, 
a  transcript  of  the  petition,  all  proceedings  and  his  reasons  for 


218  *  PROCEEDINGS    OF    THE 

his  actions.  In  every  case  where  a  pardon  has  been  granted  or  a 
person  has  served  out  his  full  term  of  confinement,  in  accordance 
with  the  sentence,  he  shall  at  once  without  further  action  be 
invested  with  all  the  rights  and  privileges  of  a  citizen. 

Sec.  9.  To  insert  after  the  words  "upon  oath,"  in  the  third 
line  the  words  "wherever  so  required,"  and  to  strike  out  after  the 
word  "institutions,"  in  fifth  line,  up  to  and  including  the  word 
"according,"  in  sixth  line. 

Sec.  11.  To  strike  out  the  word  "first,"  in  second  line,  and 
insert  in  lieu  the  word  "last." 

Sec.  12.  To  strike  out  all  after  the  word  "appoint,"  up  to 
and  including  the  word  "instruction,"  in  second  line,  and  to  strike 
out  all  after  the  word  "office,"  in  second  line. 

Sec.  13.  To  strike  out  the  word  "the,"  after  the  word  "to," 
in  seventh  line,  and  insert  in  lieu  the  word  "their;"  to  strike  out 
the  words  "yeas  and  nays,"  in  the  eighth  line,  and  insert  in  lieu 
the  words  "ayes  and  noes." 

Sec.  14.  To  strike  out  the  words  "conviction  or,"  in  the  fifth 
line,  and  insert  in  the  same  line,  after  the  word  "impeachment," 
the  words  "or  conviction  of  felony  or  infamous  misdemeanor." 

Sec.  16.  To  strike  out  the  word  "or"  after  the  word  "ab- 
sence," in  second  line,  and  to  insert  after  the  word  "impeach- 
ment" in  the  same  line  the  words  "or  disqualifications  from  any 
cause;"  to  strike  out  the  words  "Senate  shall  choose  a,"  in  the 
third  line,  and  to  strike  out  the  word  "who,"  in  the  same  line, 
and  to  insert  the  words  "of  the  State"  after  the  word  "tempore," 
in  the  third  line,  and  to  add  to  the  section  the  words  "until  the 
vacancy  is  filled  or  the  disability  removed." 

Sec.  17.  To  strike  out  the  whole  of  the  section  and  insert 
the  following  as  a  substitute: 

Sec.  17.  In  case  of  the  failure  to  qualify  in  his  office,  death, 
resignation,  absence  from  the  State,  impeachment,  conviction  of 
felony  or  infamous  misdemeanor  or  disqualification,  by  any  means, 
of  both  the  Governor  and  Lieutenant  Governor,  the  duties  of  Gov- 
ernor shall  devolve  on  the  President  of  the  Senate  pro  tempore 
until  such  disqualification  of  either  the  Governor  or  Lieutenant 
Governor  be  removed  or  the  vacancy  be  filled,  and  if  the  Presi- 
dent of  the  Senate  for  any  of  the  above  named  causes  shall  be- 
come incapable  of  performing  the  duties  of  Governor,  the  same 
shall  devolve  upon  the  Speaker  of  the  House. 

Sec.  18.  To  strike  out  all  of  the  section  from  the  beginning 
up  to  and  including  the  word  "article,"  in  the  third  line,  and  to 
strike  out  all  of  the  section  after  the  word  "oath,"  in  the  sixth 
line. 

Sec.  19.  To  strike  out  all  of  the  section  from  the  word 
"same,"  in  third  line,  up  to  and  including  the  word  "laws,"  in  the 
fourth  line. 


CONSTITUTIONAL  CONVENTION.  219 

Sec.  20.  To  strike  out  the  words  "used  by  him  officially  as 
directed  by  law  and  it,"  in  the  second  line,  and  to  strike  out  the 
word  "official,"  in  the  third  line. 

Sec.  21.  To  insert  the  word  "are"  after  the  word  "as,"  in 
the  first  line,  and  insert  the  word  "such"  after  the  word  "all,"  in 
the  third  line. 

And  to  strike  out  the  whole  of  section  23  as  reported  by  the 
Committee  on  Executive  Department. 

And  the  question  being  on  the  motion  of  Mr.  Pease  to  concur 
in  all  of  the  remaining  amendments  to  the  article  on  Executive 
Department  as  reported  by  the  Committee  of  the  Whole,  and  being 
put,  it  was  decided  in  the  affirmative. 

So  the  Convention  concurred  in  all  of  the  remaining  amend- 
ments to  the  article  on  Executive  Department  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Head  moved  to  amend  section  5  by  striking  out  the  words 
"and  has  been  an  inhabitant"  and  the  words  "for  two"  out  of  the 
third  line,  and  the  words  "years  next  preceding  his  election"  out 
of  the  fourth  line,  and  insert  the  words  "and  shall  be  a  qualified 
elector"  after  the  word  "years,"  in  the  third  line,  which  was  not 
agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  offered 
by  Mr.  Head. 

Mr.  Beck  moved  to  amend  section  5  by  inserting  after  the 
word  "election,"  in  the  fourth  line,  the  following  words,  viz.: 

Provided,  That  at  the  first  election  held  under  this  Constitu- 
tion any  person  who  was  a  qualified  elector  under  the  laws  of 
Colorado  at  the  time  of  the  adoption  of  this  Constitution  shall 
be  eligible  to  either  of  said  offices. 

And  the  question  being  on  the  motion  of  Mr.  Beck  to  amend, 
and  being  put,  and  a  division  being  called,  it  was  decided  in  the 
affirmative — ayes,  27;  noes,  9. 

And  the  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Cooper,  Crosby, 
Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Hurd,  Hough,  Head, 
Kennedy,  Lee,  Marsh,  Meyer,  Pease,  Stone,  Stover,  Thatcher, 
Webster,  Wilcox,  Wheeler,  Yount  and  Mr.  President. 

Those  voting  in  the  negative  are : 

Messrs.  Barela,  Boyles,  Clark,  Garcia,  James,  Plumb,  Quil- 
lian,  Vigil,  Widderfield. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

Mr.  Thatcher  moved  to  amend  section  5  by  striking  out  the 
word  "and,"  at  the  beginning  of  the  third  line,  and  the  word  "has," 
in  the  same  line,  and  inserting  in  lieu  thereof  the  words  "who"  and 
"shall  have,"  which  was  agreed  to. 


220  PROCEEDINGS    OF    THE 

* 

So  the  Convention  concurred  in  the  amendments  offered  by 
Mr.  Thatcher. 

Mr.  Wilcox  moved  to  amend  section  5  by  striking  out  the 
words  "an  inhabitant,"  in  third  line,  and  inserting  in  lieu  the 
words  "a  citizen." 

Mr.  Bromwell  moved  to  amend  the  amendment  offered  by  Mr. 
Wilcox  by  striking  out  the  word  "citizen"  and  inserting  in  lieu 
the  word  "resident,"  which  was  agreed  to. 

And  the  question  recurring  on  the  motion  of  Mr.  Wilcox  as 
amended  by  Mr.  Bromwell  to  amend,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Wilcox 
as  amended  by  Mr.  Bromwell  to  amend. 

Mr.  Pease  moved  to  amend  section  5  by  striking  out  all  after 
the  word  "Governor,"  in  sixth  line,  up  to  and  including  the  word 
"election,"  in  the  seventh  line. 

And  the  question  being  on  the  motion  of  Mr.  Pease  to  amend, 
and  being  put,  and  a  division  being  called,  it  was  decided  in  the 
affirmative — ayes,  14 ;  noes,  10. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 

Mr.  Crosby  moved  the  adoption  of  section  5  as  reported  by 
the  Committee  of  the  Whole,  as  amended,  which  was  agreed  to. 

So  the  Convention  adopted  section  5  as  amended. 

Mr.  Wilcox  moved  the  adoption  of  section  6  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  6  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  Elder  moved  the  adoption  of  section  7,  as  reported  by  the 
Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  the  section  7  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Elder  moved  to  amend  section  8  by  striking  out  all 
after  the  word  "'elections,"  in  fifth  line,  and  to  refer  the  sentence 
stricken  out  to  the  Committee  on  Rights  of  Suffrage  and  Elec- 
tions, with  instructions  to  embody  a  section  in  their  report 
containing  a  similar  provision,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Elder,  and  the  portion  so  stricken  out  was  referred  to  the 
Committee  on  Eights  of  Suffrage  and  Elections. 

Mr.  Clark  moved  the  adoption  of  section  8  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  8  as  amended. 

Mr.  Hough  moved  the  adoption  of  section  9  as  reported  by 
the  Committee  of  the  W'hole,  which  was  agreed  to. 

So  the  Convention  adopted  section  9  as  reported  by  the 
Committee  of  the  Whole. 


CO.NSIIII  TIONAL   CONVENTION,  221 

Mr.  l»c<-k  moved  th.'  adoption  of  section  in  as  reported  by 
the  rommiih-r  of  ih<>  Whole. 

Mr.  James  moved  ihe  adoption  <>f  section  11  as  reported  by 
the  Committee  of  the  Whole,  whirh  was  agreed  to. 

So  the  Convention  adopted  section  11  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Wheeler  moved  the  adoption  of  section  12  as  reported 
by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  12  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Elder  moved  the  adoption  of  section  13  as  reported  by 
the  Committee  of  the  WThole,  which  was  agreed  to. 

So  the  Convention  adopted  section  13  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Elder  moved  to  amend  section  14  as  reported  by  the 
Committee  of  the  Whole  by  inserting  after  the  word  "void,"  in 
the  third  line,  the  words  "unless  repassed  in  manner  following," 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Elder. 

Mr.  Stone  moved  the  adoption  of  section  14  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  14  as  amended. 

Mr.  Douglas  moved  the  adoption  of  section  15  as  reported 
by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  15  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Wheeler  moved  the  adoption  of  section  16  as  reported 
by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  16  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Cooper  moved  to  amend  section  17  as  reported  by  the 
Committee  of  the  Whole  by  striking  out  the  words  "by"  and 
"means,"  in  third  line,  and  inserting  in  lieu  the  words  "for"  and 
"cause,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  to  section 

17  offered  by  Mr.  Cooper. 

Mr.  Wilcox  moved  the  adoption  of  section  17  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  17  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  Stone  moved  to  amend  section  18  as  reported  by  the 
Committee  of  the  Whole  by  adding  the  words  uas  may  be  pro- 
vided by  law,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section 

18  as  reported  by  the  Committee  of  the  Whole  offered  by  Mr. 
Stone. 


222  PROCEEDINGS   OP   THE 

Mr.  Webster  moved  the  adoption  of  section  18  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  18  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  Wilcox  moved  to  amend  section  19  as  reported  by  the 
Committee  of  the  Whole  by  striking  out  the  word  "ten,"  in  sec- 
ond line,  and  inserting  in  lieu  the  word  "twenty,"  which  was 
agreed  to.  . 

Mr.  Wilcox  moved  the  adoption  of  section  19  as  reported  by 
the  Committee  of  the  Whole  as  amended,  which  was  agreed  to. 

So  the  Convention  adopted  section  19  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  Peck  moved  the  adoption  of  section  20  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  20  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Stone  moved  to  amend  section  21  as  reported  by  the 
Committee  of  the  Whole  by  striking  out  the  word  "or,"  in  second 
line,  and  inserting  in  lieu  the  word  "and,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section 
21  as  reported  by  the  Committee  of  the  Whole  offered  by  Mr. 
Stone. 

Mr.  Douglas  moved  the  adoption  of  section  21  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  21  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  Elder  moved  the  adoption  of  section  22  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  22  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Stone  moved  to  amend  section  23  as  reported  by  the 
Committee  of  the  Whole  by  striking  out  the  word  "their,"  in 
second  line,  and  inserting  in  lieu  the  word  "his,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section 
23  as  reported  by  the  Committee  of  the  Whole  offered  by  Mr. 
Stone. 

Mr.  Douglas  moved  the  adoption  of  section  23  as  amended, 
which  was  agreed  to. 

So  the  Convention  adopted  section  23  as  reported  by  the 
Committee  of  the  Whole. 

So  the  Convention  adopted  the  following  article,  and,  on 
motion  of  Mr.  Elder,  it  was  referred  to  the  Committee  on  En- 
grossing and  Enrolling. 


CONSTITUTIONAL   CONVK.\TI"V  223 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General,  and  Superintendent  of 
Public  Instruction,  each  of  whom  shall  hold  his  office  for  the 
term  of  two  years,  beginning  on  the  second  Tuesday  of  January 
next  after  his  election,  and  until  his  successor  is  elected  and 
qualified.  With  the  exception  of  the  Lieutenant  Governor  said 
officers  shall,  during  their  term  of  office,  reside  at  the  seat  of 
government,  where  they  shall  keep  the  public  records,  bodks  and 
papers,  and  shall  perform  such  duties  as  are  prescribed  by  this 
Constitution  or  by  law. 

Sec.  2.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  the  Governor,  who  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  3.  The  officers  named  in  section  1  of  this  article  shall 
be  chosen  on  the  day  of  the  general  election  by  the  qualified 
electors  of  the  State.  The  returns  of  every  election  for  State 
officers  shall  be  sealed  up  and  transmitted  to  the  Secretary  of 
State,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall  immediately,  upon  the  organization  of  the  House  and 
before  proceeding  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  the  members  of  both  houses  of 
the  General  Assembly,  who  shall  for  that  purpose  assemble  in 
the  House  of  Representatives.  The  persons  having  the  highest 
number  of  votes  for  either  of  said  offices  shall  be  declared  duly 
elected;  but  if  two  or  more  be  equal  and  highest  in  votes,  one 
of  them  shall  be  chosen  to  the  office  by  the  joint  votes  of  both 
houses.  Contested  elections  for  the  said  offices  shall  be  deter- 
mined by  both  houses  of  the  General  Assembly  by  joint  ballot, 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  4.  All  civil  State  officers  shall  be  liable  to  impeachment 
for  any  misdemeanor  in  office. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Governor, 
Lieutenant  Governor,  or  Superintendent  of  Public  Instruction 
except  a  citizen  of  the  United  States  and  of  the  State,  who  shall 
have  attained  the  age  of  thirty  years,  and  (been  a  resident)  of  the 
State  for  two  years  next  preceding  his  election ;  provided,  that  at 
the  first  election  held  under  this  Constitution,  any  person  who 
was  a  qualified  elector  under  the  laws  of  Colorado  at  the  time  of 
the  adoption  of  this  Constitution,  shall  be  eligible  to  either  of 
said  offices.  No  one  shall  be  eligible  to  the  office  of  Secretary  of 
State,  Auditor  of  State,  State  Treasurer  or  Attorney  General 
unless  he  shall  be  of  the  age  of  twenty-five  years,  and  have  all 
of  the  other  qualifications  for  Governor.  Nor  shall  any  one  be 
eligible  to  the  office  of  Attorney  General  unless  he  be  a  regularly 
licensed  attorney  and  counsellor-at-law  of  the  Supreme  Court 
of  the  Territory  or  State  of  Colorado  in  good  standing. 


224  PROCEEDINGS    OF    THE 

Sec.  6.  The  Governor  shall  be  commander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  actual  service  of  the  United  States. 

Sec.  7.  The  Governor  shall  nominate,  and,  by  and  with 
the  consent  of  the  Senate,  appoint  all  officers  whose  offices  are 
established  by  this  Constitution,  or  which  may  be  created  by 
law,  and  whose  appointment  or  election  is  not  otherwise  pro- 
vided for.  In  case  of  a  vacancy  in  any  office  which  is  not  elective 
during  the  recess  of  the  Senate,  the  Governor  shall  make  tern 
porary  appointment  until  the  next  meeting  of  the  Senate,  when 
he  shall  nominate  some  person  to  fill  such  office;  and  any  person 
so  nominated  who  is  confirmed  by  the  Senate  shall  hold  his 
office  until  his  successor  shall  be  appointed  and  qualified.  If  the 
office  of  Auditor  of  State,  State  Treasurer,  Secretary  of  State, 
Attorney  General  or  Superintendent  of  Public  Instruction  shall 
be  vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be  elected 
and  qualified  in  such  manner  as  may  be  provided  by  law.  The 
Senate,  in  deliberating  upon  Executive  nominations,  may  sit 
with  closed  doors;  but,  in  acting  upon  nominations,  they  shall 
sit  with  open  doors,  and  the  vote  shall  be  taken  by  ayes  and  noes, 
which  shall  be  entered  upon  the  Journal. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction  for  all  offenses  ex- 
cept treason  or  conviction  of  impeachment,  subject  to  such  regu- 
lations as  may  be  provided  by  law  relative  to  the  manner  of 
applying  for  pardons;  but  he  shall  in  every  case  where  he  may 
exercise  this  power  send  to  the  General  Assembly,  at  its  first 
session  thereafter,  a  transcript  of  the  petition,  all  proceedings, 
and  his  reasons  for  his  action. 

Sec.  9.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  which  informa- 
tion shall  be  given  upon  oath  when  so  required.  He  may  also 
require  information  in  writing  at  any  time,  under  oath,  from 
all  officers  and  managers  of  State  institutions  upon  any  subject 
relating  to  the  condition,  management  and  expenses  of  their 
respective  offices  and  institutions.  The  Governor  shall,  at  the 
commencement  of  each  session  and  from  time  to  time,  by  mes- 
sage give  to  the  General  Assembly  information  of  the  condition 
of  the  State,  and  shall  recommend  such  measures  as  he  shall 
deem  expedient.  He  shall  also  send  to  the  General  Assembly  a 
statement,  with  vouchers,  of  the  expenditures  of  all  moneys  be- 
longing to  the  State  and  paid  out  by  him.  He  shall  also,  at  the 
commencement  of  each  session,  present  estimates  of  the  amount 
of  money  required  to  be  raised  by  taxation  for  all  purposes  of 
the  State. 


CONSTI  II    TH.VAI.    CONVENTION,  225 

Bee,  10.  Tin-  Governor  may,  on  extraordinary  occasions, 
convene  the  General  Assembly  by  proclamation,  stating  therein 
i In-  purpose  for  which  it  has  been  convened;  but,  at  such  special 

ions,  no  business  shall  be  transacted  other  than  that  spe- 
cially named  in  the  proclamation  by  which  it  was  convened.  He 
may  convene  the  Senate  in  extraordinary  session  by  proclama- 
tion for  the  transaction  of  executive  business. 

Sec.  11.  The  Governor,  in  case  of  a  disagreement  between 
tin-  houses  as  to  the  time  of  adjournment,  may,  upon  the  same 
being  certified  to  him  by  the  house  last  moving  adjournment, 
adjourn  the  General  Assembly  as  he  may  think  proper,  but  in 
no  case  for  a  longer  time  then  the  first  day  of  the  next  regular 
session. 

Sec.  12.  The  Governor  shall  have  power  to  remove  any 
officer  he  may  appoint  in  case  of  incompetency,  neglect  of  duty 
or  malfeasance  in  office. 

Sec.  13.  Every  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor  If  he 
approve,  he  shall  sign  it,  and  thereupon  it  shall  become  a  law; 
but  if  he  do  not  approve,  he  shall  return  it,  with  his  objections, 
fo  the  house  in  which  it  shall  have  originated,  which  house 
shall  enter  the  objections  at  large  upon  its  Journal,  and  proceed 
to  reconsider  the  bill.  If  then  two-thirds  of  the  members  elected 
agree  to  pass  the  same,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and,  if  approved  by  two-thirds  of  the  members- 
elected  to  that  house,  it  shall  become  a  law,  notwithstanding 
the  objections  of  the  Governor.  But  in  all  such  cases  the  vote 
of  each  house  shall  be  determined  by  ayes  and  noes,  to  be 
entered  upon  the  Journal.  If  any  bill  shall  not  be  returned  by 
the  Governor  wTithin  ten  days  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  General  Assembly  shall,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  be  filed,  with  his 
objections,  in  the  office  of  the  Secretary  of  State  within  thirty 
days  after  such  adjournment,  or  else  become  a  law. 

Sec.  14.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  law,  and  the  item  or  items  of  appropriation  dis- 
approved shall  be  void  unless  repassed  in  manner  following:  If 
the  General  Assembly  be  in  session  he  shall  transmit  to  the 
liuiisr  in  which  the  bill  originated  a  copy  of  such  statement, 
and  the  items  objected  to  shall  be  separately  reconsidered;  and 
<  arh  item  shall  then  take  the  same  course  as  is  prescribed  for 
the  passage  of  bills  over  the  Executive  veto. 


226  PROCEEDINGS    OF    THE 

LIEUTENANT  GOVERNOR. 

Sec.  15.  In  case  of  the  death,  impeachment  or  conviction 
of  felony  ®r  infamous  misdemeanor,  failure  to  qualify,  resigna- 
tion, absence  from  the  State,  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  office  for  the  residue 
of  the  term,  or  until  the  disabilities  shall  be  removed,  shall  de- 
volve upon  the  Lieutenant  Governor. 

Sec.  16.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate,  and  shall  vote  only  when  the  Senate  is  equally 
divided.  In  cases  of  absence,  impeachment  or  disqualification, 
from  any  cause,  of  the  Lieutenant  Governor,  or  when  he  shall 
hold  the  office  of  Governor,  then  the  President  pro  tempore  of 
the  Senate  shall  perform  the  duties  of  the  Lieutenant  Governor 
until  the  vacancy  is  filled  or  the  disability  removed. 

Sec.  17.  In  case  of  the  failure  to  qualify  in  his  office,  death, 
resignation,  absence  from  the  State,  impeachment,  conviction  of 
felony  or  infamous  misdemeanor  or  disqualification  for  any 
cause  of  both  the  Governor  and  Lieutenant  Governor,  the  duties 
of  Governor  shall  devolve  on  the  President  of  the  Senate  pro 
tempore,  until  such  disqualification  of  either  the  Governor  or 
Lieutenant  Governor  be  removed  or  the  vacancy  be  filled;  and 
if  the  President  of  the  Senate,  for  any  of  the  above  named  causes, 
shall  become  incapable  of  performing  the  duties  of  Governor, 
the  same  shall  devolve  upon  the  Speaker  of  the  House. 

Sec.  18.  An  account  shall  be  kept  by  the  officers  of  (he 
Executive  Department  and  of  all  public  institutions  of  the  State 
of  all  moneys  received  or  disbursed  by  them  severally  from  all 
sources  and  for  every  service  performed,  and  a  semi-annual 
report  thereof  be  made  to  the  Governor,  under  oath,  as  may  be 
provided  by  law. 

Sec.  19.  The  officers  of  the  Executive  Department  and  of 
all  public  institutions  of  the  State  shall,  at  least  twenty  days 
preceding  each  regular  session  of  the  General  Assembly,  send  a 
full  and  complete  report  of  their  actions  to  the  Governor,  who 
shall  transmit  the  same  to  the  General  Assembly  at  their  ses- 
sion. 

Sec.  20.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  shall  be  called  the  "Great 
Seal  of  the  State"  of  Colorado.  The  seal  of  the  Territory  of 
Colorado  as  now  used  shall  be  the  seal  of  the  State  until  other- 
wise provided  by  law. 

Sec.  21.  The  officers  named  in  this  article  shall  perform 
such  duties  as  are  required  in  this  Constitution  and  by  law,  and 
shall  receive  for  their  services  a  salary  to  be  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official 
terms.  It  shall  be  the •  duty  of  all  such  officers  to  collect  in 


CONSTITUTIONAL    CONVENTION.  227 

;nlv:mre  all  fees  for  services  rendered  by  them  severally,  and 
pay  the  same  into  the  State  treasury. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall  be 
ex-officio  State  Librarian. 

Bee,  -:t.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  be  eligible  for  re-election  as  his  own  immediate  successor. 


228  PROCEEDINGS    OF    THE 


THURSDAY,  FEBRUARY  3,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Bishop  Spalding. 

Roll  called. 

Absent — Messrs.  Carr,  Stone  and  White. 

The  Journal,  having  been  partially  read,  Mr.  Kennedy  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
report  of  the  Committee  on  Means  and  Money  be  dispensed  with, 
which  was  agreed  to. 

The  reading  of  the  remainder  of  the  Journal  was  then  read, 
[completed]  and  the  same  approved. 

Mr.  Ellsworth  presented  a  petition  from  eighty-one  non- 
Catholic  citizens  of  Colorado,  asking  that  no  provision  shall  be 
inserted  in  the  Constitution  withdrawing  from  the  control  of 
the  Legislature  the  public  school  fund,  and  moved  that  it  be 
referred  to  the  Committee  on  Education  and  Educational  Insti- 
tutions. 

Mr.  Felton,  as  an  amendment,  moved  that  the  petition  be 
laid  upon  the  table  and  considered  with  the  report  of  the  Com- 
mittee on  Education  and  Educational  Institutions  in  committee 
of  the  whole. 

And,  the  question  being  on  the  motion  of  Mr.  Felton  to 
amend  the  motion  of  Mr.  Ellsworth,  and  being  put,  it  was 
decided  in  the  negative. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Felton. 

And,  the  question  recurring  on  the  motion  of  Mr.  Ellsworth 
to  refer  the  petition  to  the  Committee  on  Education  and  Educa- 
tional Institutions,  and,  being  put  and  a  division  being  called, 
it  was  decided  in  the  affirmative — ayes,  19;  noes,  11. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Ellsworth 
to  refer. 

Mr.  Yount  presented  a  petition  from  one  hundred  and  sixty 
citizens  of  Colorado,  asking  that  a  recognition  of  God  may  be 
inserted  in  the  preamble  to  the  Constitution,  and,  on  his  own 
motion,  it  was  laid  upon  the  table,  to  be  considered  when  the 
subject  of  the  preamble  is  before  the  Convention. 

Messrs.  Carr,  Stone  and  White  appeared,  and  took  their 
seats. 

On  motion  of  Mr.  Kennedy  the  Convention  resolved  itself 
into  Committee  of  the  Whole^  to  consider  the  report  of  the 
-Standing  Committee  on  Counties,  Mr.  Rockwell  in  the  chair; 
and  after  some  time  spent  there,  the  President  resumed 
ihe  chair,  and  Mr.  Rockwell  presented  the  following  report: 


CONSTIT1   TIOXAL    (  ONVKNTION.  229 

Denver,  February  M,  1>7<;. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

(inn  It-men — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Counties,  having,  according  to  order,  had  under  consideration 
said  report,  have  made  some  progress  therein,  and  recommend 
that  sections  1,  5  and  6  be  adopted,  as  follows: 

COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colo- 
rado as  they  now  exist  are  hereby  recognized  as  legal  subdi- 
visions of  the  State  of  Colorado. 

Sec.  5.  In  all  cases  of  the  establishment  of  any  new  coun- 
ties, the  new  county  shall  be  held  for  and  obliged  to  pay  its 
ratable  proportion  of  all  liabilities  then  existing  of  the  county  or 
counties  from  which  said  new  county  shall  be  formed. 

Sec.  6.  When  any  part  of  a  county  is  stricken  off  and  at- 
tached to  another  county,  the  part  stricken  off  shall  be  holden 
for  and  obliged  to  pay  its  proportion  of  all  the  liabilities  then 
existing  of  the  county  from  which  it  is  taken. 

The  Committee  of  the  Whole  further  recommends  that  sec- 
tions 2,  3  and  7  be  stricken  out,  and  that  section  4,  with  amend- 
ments thereto  made  by  the  Committee  of  the  W^hole,  and  section 
8,  with  pending  amendments  thereto,  and  all  the  remaining  por- 
tion of  the  article  on  counties  be  recommitted  to  the  Committee 
on  Counties.  L.  C.  ROCKWELL, 

Chairman  of  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  report  was  received. 

Mr.  Felton  moved  that  the  Convention  adjourn,  which  was 
not  agreed  to. 

Mr.  Boyles  offered  the  following  resolution: 

Resolved,  That  the  term  of  all  county  officers  under  the 
Territorial  organization  shall  expire  at  the  time  at  which,  under 
the  provisions  of  this  Constitution,  the  term  of  the  office  of  Gov- 
ernor shall  commence. 

Mr.  Stone  offered  the  following  resolution  as  a  substitute 
for  the  resolution  offered  by  Mr.  Boyles: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
county  officers  elected  at  the  general  election  of  1875  shall  hold 
their  respective  offices  for  the  full  term  of  two  years  for  which 
they  were  elected,  as  near  as  may  \>e. 

Pending  debate,  Mr.  Boyles  moved  that  the  Convention  ad- 
journ until  2  o'clock,  which  was  agreed  to. 

So  the  Convention  adjourned  until  2  o'clock. 


230  PROCEEDINGS    OF    THE 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Koll  called. 

Absent — Messrs.  Barela,  Boyles,  Lee,  Pease,  White  and 
Wells. 

The  Convention  resumed  the  consideration  of  the  resolu- 
tion offered  by  Mr.  Boyles,  and  tjie  substitute  therefor  offered 
by  Mr.  Stone. 

Mr.  Carr  moved,  as  an  amendment  to  the  substitute  offered 
by  Mr.  Stone,  to  strike  out  all  after  the  word  "resolved,"  and 
insert  the  following  words:  "That  all  county  officers  who 
shall  be  in  office  at  the  time  of  the  adoption  of  this  Constitution 
shall  hold  their  respective  offices  during  the  full  time  for  which 
they  shall  have  been  elected,  and  until  their  successors  are 
elected  and  qualified."  Which  amendment  was  accepted  by 
Mr.  Stone. 

And,  the  question  being  on  the  motion  to  adopt  the  sub- 
stitute for  the  resolution  of  Mr.  Boyles  offered  by  Mr.  Stone 
as  amended  by  Mr.  Carr,  and,  being  put,  it  was  decided  in  the 
affirmative. 

So  the  Convention  adopted  the  substitute  resolution  offered 
by  Mr.  Stone  and  amended  by  Mr.  Carr. 

Mr.  Boyles  appeared,  and  took  his  seat. 

Mr.  Beck  moved  that  sections  1,  5  and  6  of  the  report  of 
the  Standing  Committee  on  Counties  as  reported  by  the  Com- 
mittee of  the  Whole  be  laid  upon  the  table  for  future  considera- 
tion, which  was  agreed  to. 

So  the  Convention  laid  upon  the  table  sections  1,  5  and  6 
of  the  report  of  the  Committee  on  Counties  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Beck  moved  that  section  8,  with  amendments  pending 
thereon  as  reported  by  the  Committee  of  the  Whole,  and  all  of 
the  article  after  section  8  be  recommitted  to  the  Committee  on 
Counties. 

Mr.  Felton  moved  to  amend  the  motion  of  Mr.  Beck  by 
adding  the  following: 

Kesolved,  That  the  Committee  on  Counties  be,  and  they  are 
hereby,  instructed  to  report  an  article  so  that  the  general  elec- 
tions shall  be  held  biennially. 

Mr.  Douglas  moved  to  amend  the  amendment  offered  by 
Mr.  Felton  by  striking  out  the  word  "biennially"  and  inserting 
in  lieu  the  word  "annually." 

And,  the  question  being  upon  the  motion  of  Mr.  Douglas  to 
amend  the  amendment  offered  by  Mr.  Felton,  and,  being  put  and 
a  division  being  called,  it  was  decided  in  the  negative — ayes  15, 
noes  16. 


CONSTITUTIONAL   CONVENTION.  231 

Sn  ill.-  Convention  refused  to  concur  in  the  motion  of  Mr. 
Dnuglas  to  amend  the  amendment  offered  by  Mr.  Felton. 

Mr.  \Yiddrriirld  moved  to  reconsider  the  vote  by  which  the 
Com  nit  inn  refused  to  concur  in  the  motion  of  Mr.  Douglas  to 
jnneiid  the  amendment  offered  by  Mr.  Felton. 

On  mot  inn  <>t  Mr.  Boyles,  it  was  ordered  that  there  be  a  call 

of   the  <  'nnvelition. 

The  roll  being  called,  the  following  named  members  failed 
to  answer  their  names,  vix.:  Messrs.  Pease,  Wells  and  White. 

Pending  the  call.  Messrs.  Pease  and  Wells  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Rockwell,  further  proceedings  under  the 
call  were  dispensed  with. 

And,  the  question  being  on  the  motion  of  Mr.  Widderfield 
to  reconsider  the  vote  by  which  the  Convention  refused  to  concur 
in  the  motion  of  Mr.  Douglas  to  amend  the  amendment  offered 
by  Mr.  Felton  to  the  motion  of  Mr.  Beck,  and,  being  put,  it 
resulted  in  a  tie  vote — ayes  19,  noes  19. 

And,  the  ayes  and  noes  being  called,  those  voting  in  the 
affirmative  are:  Messrs.  Beck,  Carr,  Cushman,  Cooper,  Crosby, 
Douglas,  Ellsworth,  Elder,  Hough,  Kennedy,  Lee,  Pease,  Quil- 
lian.  Stone,  Thatcher,  Webster,  Wheeler,  Widderfield  and  Mr. 
President. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Broniwell,  Clark,  Ebert,  Felton,  Garcia,  Hurd,  Head,  James, 
Marsh,  Meyer,  Plumb,  Rockwell,  Stover,  Vijil,  Wells,  Wilcox 
and  Yount. 

So,  there  being  a  tie  vote,  the  Convention,  under  the  rules, 
refused  to  reconsider. 

The  question  then  recurring  on  the  motion  of  Mr.  Felton 
to  amend  the  motion  of  Mr.  Beck,  and,  being  put,  it  resulted 
in  a  tie — ayes  19,  noes  19. 

And,  the  ayes  and  noes  being  called  for,  those  voting  in 
the  affirmative  are:  Messrs.  Barela,  Boyles,  Bromwell,  Clark, 
Ebert,  Feltoii,  Garcia,  Hurd,  Head,  James,  Meyer,  Plumb,  Rock- 
well, Stover,  Vijil,  Wells,  Wilcox,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Beck,  Carr,  Cush- 
man, Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Hough,  Ken- 
nedy, Lee,  Pease,  Quillian,  Stone,  Thatcher,  Webster,  Wheeler, 
Widderfield,  Mr.  President. 

So,  there  being  a  tie  vote,  the  Convention,  under  the  rules, 
refused  to  concur  in  the  motion  of  Mr.  Felton  to  amend. 

The  question  then  recurring  on  the  motion  of  Mr.  Beck  to 
recommit  to  the  Committee  on  Counties,  and,  being  put,  it  was 
decided  in  the  affirmative — ayes  32,  noes  6. 

And,  the  ayes  and  noes  being  called,  those  voting  in  the 
affirmative  are:  Messrs.  Barela,  Bromwell,  Beck,  Carr,  Cushman, 


232  PROCEEDINGS   OF    THE 

Clark,  Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Garcia, 
Hough,  Head,  Kennedy,  Lee,  Marsh,  Pease,  Quillian,  Rockwell, 
Stone,  Thatcher,  Vijil,  Webster,  Wells,  Wilcox,  Wheeler,  Wid- 
derfield,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Boyles,  Felton, 
Hurd,  James,  Plumb,  Stover. 

S0  the  Convention  concurred  in  the  motion  of  Mr.  Beck  to 
recommit  to  the  Committee  on  Counties  as  recommended  by  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Carr,  the  Convention  concurred  with  the 
amendments  to  strike  out  sections  2,  3  and  7  of  the  report  of 
the  Committee  on  Counties  as  reported  by  the  Committee  of  the 
W^hole. 

On  motion  of  Mr.  Stone,  the  substitute  resolution  offered 
by  him  as  amended  by  Mr.  Carr  and  adopted  by  the  Convention 
was  referred  to  the  Committee  on  Counties. 

Mr.  White  appeared  and  took  his  seat. 

Mr.  Carr  offered  the  following  resolution,  and  moved  its 
adoption: 

Resolved,  That  there  shall  be  elected  each  year  in  every 
county  in  the  State  one  county  commissioner,  who  shall  hold  his 
office  for  the  term  of  three  years.  The  commissioners  thus 
elected  shall  succeed  the  commissioners  who  may  be  in  office 
at  the  time  of  the  adoption  of  this  Constitution,  and  shall  con- 
stitute the  Board  of  County  Commissioners.  They  shall  hold 
sessions  for  the  transaction  of  county  business,  as  provided  by 
law,  and  any  two  shall  constitute  a  quorum.  Provided,  That, 
v\hen  the  population  of  any  county  shall  exceed  ten  thousand, 
the  Board  of  County  Commissioners  may  consist  of  six  members, 
four  of  whom  shall  constitute  a  quorum;  and,  Provided,  further, 
That  the  Board  of  County  Commissioners  of  the  County  of 
Arapahoe  shall  remain  as  at  present  constituted  until  otherwise 
provided  for  by  law. 

Mr.  Marsh  moved,  as  an  amendment,  that  the  resolution  be 
referred  to  the  Committee  on  Counties. 

Mr.  Felton  offered  the  following  resolution,  and  moved  its 
adoption : 

Resolved,  That  all  county  officers  except  county  commis- 
sioners shall  be  elected  for  two  years.  The  election  for  county 
officers  shall  be  upon  a  different  year  than  the  year  upon  which 
occurs  the  election  of  members  of  the  General  Assembly. 

Mr.  Beck  moved,  as  an  amendment,  that  the  resolution  be 
referred  to  the  Committee  on  Counties,  which  was  agreed  to. 

So  the  Convention  referred  the  resolution  offered  by  Mr. 
Felton  to  the  Committee  on  Counties. 

By  leave  of  the  Convention,  Mr.  Hough,  chairman  of  the 
Committee  on  Printing,  reported  back  the  report  of  the  Com- 


CONSTI  i  i    i  IMNAI,   CONVENTION.  233 

mil  MM-  on  Means  and  Money  and  the  ordinance  as  reported  by 
thr  Committee  on  Judiciary  as  correctly  printed.  There  being 
no  objection,  the  reports  were  received  and  filed  by  the  Secretary. 

On  motion  of  Mr.  Beck,  the  ordinance  as  reported  by  the 
Committee  on  Judiciary  \vas  taken  from  the  table  for  considera- 
tion. 

Mi-.  (  MIT  moved  to  amend  the  ordinance  by  inserting  the 
\\oids  "into  the  Union"  after  the  words  "said  State,"  on  second 
line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Carr  to 
amend. 

On  motion  of  Mr.  Kennedy,  the  ordinance  as  amended  was 
adopted  by  the  Convention  in  the  words  following: 

ORDINANCE. 

In  conformity  with  the  requirements  of  an  act  of  the  Con- 
gress of  the  United  States,  entitled  "An  act  to  enable  the  people 
of  Colorado  to  form  a  Constitution  and  State  government,  and 
for  the  admission  of  said  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States,"  approved  March  3,  A.  D.  1875, 
on  behalf  and  by  the  authority  of  the  people  of  the  Territory 
of  Colorado,  this  Convention,  assembled  in  pursuance  of  said 
enabling  act  at  the  city  of  Denver,  the  capital  of  said  Territory, 
on  the  nineteenth  day  of  December,  A.  D.  1875,  does  ordain  and 
declare: 

First.  That  perfect  toleration  of  religious  sentiment  shall 
be  secured,  and  no  inhabitant  of  said  State  shall  ever  be  mo- 
lested in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 

Second.  That  the  people  inhabiting  the  Territory  of  Colo- 
rado, by  their  representatives  in  said  Convention  assembled,  do 
agree  and  declare  that  they  forever  disclaim  all  right  and  title 
to  the  unappropriated  public  lands  lying  within  said  Territory, 
and  that  the  same  shall  be  and  remain  at  the  sole  and  entire 
disposal  of  the  United  States;  that  the  lands  belonging  to  the 
citizens  of  the  United  States  residing  without  said  State  shall 
never  be  taxed  higher  than  the  lands  belonging  to  residents 
thereof;  and  that  no  taxes  shall  be  imposed  by  the  State  on 
lands  or  property  therein  belonging  to,  or  which  may  hereafter 
by  purchased  by,  the  United  States. 

Third.  That  this  ordinance  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  the  State  of 
Colorado. 

On  motion  of  Mr.  Clark,  the  ordinance  as  reported  was 
referred  to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Clark,  the  consideration  of  the  report  of 
the  Standing  Committee  on  Education  and  Educational  Institu- 


234  PROCEEDINGS    OF    THE 

tions  in  the  Committee  of  the  Whole  was  made  the  special  order 
for  to-morrow  after  the  regular  order  of  business. 

On  motion  of  Mr.  Stone,  leave  was  granted  to  the  special 
committee  appointed  to  confer  with  the  Legislature  to  present 
a  report,  and  Mr.  Meyer,  chairman  of  that  committee,  presented 
the  following  report: 
To  the  Hon.  Jos.  C.  Wilson,  President  of  the   Constitutional 

Convention. 

Your  Special  Committee  appointed  to  confer  with  a  joint 
committee  of  the  two  houses  of  the  Legislative  Assembly  in 
reference  to  the  matter  of  an  appropriation  by  the  Legislature 
to  defray  the  expenses  of  the  Constitutional  Convention,  have 
to  report  that,  after  several  conferences  of  said  committees,  the 
joint  committee  of  the  two  houses  of  the  Legislative  Assembly 
have  agreed  to  report  to  their  respective  bodies  that  they  rec- 
ommend an  appropriation  of  the  gross  sum  of  twenty  thousand 
dollars  for  this  purpose,  basing  this  amount  upon  the  estimated 
expenses  for  a  session  of  fifty  days  only.  The  pay  for  members 
and  employes  of  the  Convention  to  be  at  the  same  rate  as  that 
of  members  of  the  Legislature. 

The  Joint  Legislative  Committee  represent  to  your  commit- 
tee that,  owing  to  the  number  and  magnitude  of  the  appropria- 
tions asked  for  at  the  present  session,  there  is  a  possibility  that 
the  Legislative  Assembly  will  not  be  inclined  to  make  any  ap- 
propriation whatever  for  this  purpose  unless  the  amount  is  lim- 
ited, but  that  with  the  amount  limited  to  the  sum  named  they 
will  recommend  and  support  a  bill  for  the  appropriation  of  said 
amount,  with  the  reasonable  assurance  of  success.  As  this  prop- 
osition seems  to  be  the  ultimatum  of  the  negotiations  and  con- 
ferences of  the  committees,  your  committee  reports  these  facts, 
and  recommends  as  cheerful  assent  thereto  as  is  consistent  with 
the  pecuniary  circumstances  of  the  several  members  of  the  Con- 
vention. 

Respectfully  submitted, 

WM.  H.  MEYER, 

Chairman. 

On  motion  of  Mr.  Hough,  the  report  was  received  and  laid 
upon  the  table. 

On  motion  of  Mr.  Yount,  the  Convention  adjourned. 


CONSTITUTIONAL   CONVENTION.  235 


FRIDAY,  FEBRUARY  4,  1876,  9  O'CLOCK- A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Miller. 

Roll  called. 

Absent — Messrs.  Boyles,  James,  Stone,  Thatcher  and  White. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Beck  moved  that  the  reading  of  so  much  of  the  Journal  as 
embraced  the  report  of  the  Special  Committee  appointed  to 
confer  with  the  Legislature  be  dispensed  with,  which  was  agreed 
to. 

The  remaining  portion  of  the  Journal  was  then  read,  and  the 
same  approved. 

Mr.  James  appeared  and  took  his  seat. 

Mr.  Ellsworth  presented  a  petition  or  communication  from 
citizens  of  the  Ninth  District,  as  follows: 

To  the  Hon.  L.  C.  Ellsworth,  Delegate  from  the  Ninth  District 

to  the  Constitutional  Convention: 

We,  the  undersigned,  some  of  your  constituents,  earnestly 
call  your  attention  to  the  resolution  before  your  Convention  con- 
cerning the  school  fund. 

We  believe  that  a  great  injustice  will  be  done  us  if  a  sec- 
tion be  inserted  in  the  Constitution  prohibiting  forever  any  di- 
vision of  the  public  school  funds. 

We  do  not  desire  now  to  discuss  the  merits  of  the  question 
itself,  nor  do  we  ask  that  the  Constitution  shall  provide  for  any 
division  of  the  fund.  We  simply  ask  that  the  Constitution  say 
nothing  whatever  on  the  subject,  but  leave  the  whole  matter  to 
the  action  of  the  Legislature,  both  now  and  in  the  future. 

Wt*  are  unwilling  to  believe  that  the  Catholic  population  of 
the  Territory  have  no  one  to  speak  for  them  and  advocate  their 
interests  in  your  honorable  body;  and  we  still  hope  that  your 
silence  on  a  subject  of  such  importance  to  many  of  your  con- 
stituents has  not  arisen  from  any  disregard  of  our  rights  and 
wishes.  We  shall  feel  bound  in  conscience,  both  as  Catholics 
and  as  American  citizens,  to  oppose  any  Constitution  whicii 
shall  show  such  contempt  of  our  most  valued  rights,  both  polit- 
ical and  religious. 

Wre  request  you,  sir,  as  our  representative,  to  present  this 
communication  to  the  Constitutional  Convention  and  to  oppose 
the  adoption  of  the  clause  in  question. 

Respectfully  yours, 
(Signed)     JOS.  P.  MACHEBEUF, 
And  One  Hundred  and  Six  Others. 


236  PROCEEDINGS    OF    THE 

Mr.  Ellsworth  moved  that  the  petition  be  referred  to  the 
Committee  on  Education  and  Educational  Institutions. 

Mr.  Peas6  moved  to  amend  the  motion  of  Mr.  Ellsworth  by 
adding  the  words,  "and  spread  upon  the  Journal  without  the 
names." 

Which  amendment  was  accepted  by  Mr.  Ellsworth,  and  the 
question  being  upon  the  motion  of  Mr.  Ellsworth,  as  amended 
Mr.  Pease,  and  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Ellsworth 
as  amended  by  Mr.  Pease,  to  spread  the  petition  upon  the 
Journal  and  refer  to  the  Committee  on  Education  and  Educa- 
tional Institutions. 

Mr.  Kockwell  presented  a  petition  or  communication  from 
citizens  of  the  Fifth  District,  as  follows: 

To  the  Honorable  Lewis  C.  Rockwell,  Delegate  from  the  Fifth 

District  to  the  Constitutional  Convention: 

We,  the  undersigned,  some  of  your  constituents,  earnestly 
call  your  attention  to  the  resolutions  before  your  Convention 
concerning  the  School  Fund. 

We  believe  that  a  great  injustice  will  be  done  us  if  a  sec- 
tion be  inserted  in  the  Constitution  prohibiting  forever  any 
division  of  the  school  funds.  We  do  not  desire  now  to  discuss 
the  inerits  of  the  question  itself,  nor  do  we  ask  that  the  Consti- 
tution shall  provide  for  any  division  of  the  fund.  We  simply 
ask  that  the  Constitution  say  nothing  whatever  on  the  subject, 
but  leave  the  whole  matter  to  the  action  of  the  Legislature,  both 
now  and  in  the  future. 

We  are  unwilling  to  believe  that  the  Catholic  population  of 
the  Territory  have  no  one  to  speak  for  them  and  advocate  their 
interests  in  your  honorable  body,  and  we  still  hope  that  your 
silence  on  a  subject  of  so  much  importance  to  many  of  your 
constituents  has  not  arisen  from  any  disregard  of  our  rights 
and  wishes. 

We  shall  feel  bound  in  conscience,  both  as  Catholics  and 
as  American  citizens,  to  oppose  any  Constitution  which  shall 
show  such  contempt  of  our  most  valued  rights,  both  political 
and  religious. 

We  request  you,  sir,  as  our  representative,  to  present  this 
communication  to  the  Constitutional  Convention  and  to  oppose 
the  adoption  of  the  clause  in  question. 

Respectfully  yours, 

(Signed)     By  REV.  A.  N.  BOURRION, 
And  One  Hundred  and  Seventy  Others. 

And  on  his  own  motion,  it  was  spread  on  the  Journal  with- 
out the  names,  and  referred  to  the  Committee  on  Education  and 
Educational  Institutions. 


CONSTITUTIONAL   CONVENTION.  237 

Mr.  Douglas,  chairman  of  the  Committee  on  State  Institu- 
tions and  Buildings,  presented  the  following  report: 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Committee  on  State  Institutions  and 
Buildings,  to  whom  was  recommitted  section  7  with  amend- 
ments thereto  of  the  report  of  said  Committee,  have  had  the  same 
under  consideration  and  beg  leave  to  submit  the  accompanying 
section  in  lieu  thereof.  R.  DOUGLAS, 

Chairman  of  Committee. 

The  following  Territorial  Institutions,  to-wit:  The  Univer- 
sity, at  Boulder;  the  Agricultural  College,  at  Fort  Collins;  the 
School  of  Mines  at  Golden;  and  the  Institute  for  the  Education 
of  Mutes,  at  Colorado  Springs,  shall,  upon  the  adoption  of  this- 
Constitution,  become  institutions  of  the  State  of  Colorado,  and 
the  management  thereof  subject  to  the  control  of  the  State, 
under  such  laws  and  regulations  as  the  General  Assembly  shall 
provide,  and  the  location  of  said  institutions,  as  well  as  all 
revenues,  gifts,  grants  and  appropriations  of  money  and  prop- 
erty, real  and  personal,  heretofore  made  to  said  several  Institu- 
tions, are  hereby  confirmed  to  the  use  and  benefit  of  the  same 
respectively. 

On  motion  of  Mr.  Carr,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Messrs.  Stone  and  Thatcher  appeared  and  took  their  seats, 
Mr.  Stone,  Chairman  of  the  Committee  on  Judiciary,  pre- 
sented the  report  of  that  committee  and  moved  that  the  read- 
ing of  the  report  be  dispensed  with. 

And  the  question  being  upon  the  motion  of  Mr.  Stone  to 
dispense  with  the  reading  of  the  report,  and  being  put  and  a  di- 
vision being  called,  it  was  decided  in  the  negative — ayes,  14; 
noes,  18. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr, 
Stone  to  dispense  with  the  reading  of  the  report. 

The  report  of  the  Committee  on  Judiciary  was  then  read 
by  the  Secretary,  as  follows: 

Denver,  Colorado,  February  4,  1876. 

To  the  Honorable  Jas.  C.  Wilson,  President  of  the  Constitu- 
tional Convention  of  Colorado. 

Your  Standing  Committee  on  Judiciary,  to  whom  was  re- 
fered  so  much  of  the  subject  matter  of  the  Constitution  as  re- 
lates to  the  Judiciary  Department,  begs  leave  to  report  that 
they  have  had  the  same  under  consideration  and  submit  the 
following  as  the  result  of  their  deliberations. 

Respectfully  submitted, 

WILBUR  F.  STONE, 
Chairman  of  Committee, 


238  PROCEEDINGS    OF    THE 

JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  State  as  to  matters 
of  law  and  equity,  except  as  in  this  Constitution  otherwise  pro- 
vided, shall  be  vested  in  a  Supreme  Court,  District  Courts,  Pro- 
bate Courts,  Justices  of  the  Peace  and  such  other  Courts  as  may 
be  created  by  law  for  cities  and  incorporated  towns. 

SUPREME    COURT. 

Sec.  2.  The  Supreme  Court,  except  in  cases  otherwise  di- 
rected herein,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  State  and  shall  have  a  general  super- 
intending control  over  all  inferior  courts. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  mandamus  and 
quo  warranto,  to  all  officers  of  the  Executive  Departments,  cer- 
tiorari  and  prohibition  to  all  inferior  courts,  with  authority  to 
hear  and  determine  the  same. 

Sec.  4.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  each  year  at  the  seat  of  government. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges, 
a  majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision. 

Sec.  6.  The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large  at  the  Judicial  election 
hereafter  provided. 

Sec.  7.  The  terms  of  office  of  the  Judges  of  the  Supreme 
Court,  except  of  those  chosen  at  the  first  election  as  hereinafter 
provided,  shall  be  nine  years. 

Sec.  8.  The  Judges  of  the  Supreme  Court  shall,  immedi- 
ately after  the  first  election  under  the  Constitution,  be  classi 
fied  by  lot,  so  that  one  shall  hold  his  office  for  the  term  of  three 
years,  one  for  the  term  of  six  years  and  one  for  the  term  of 
nine  years. 

The  Judge  having  the  shortest  time  to  serve,  not  holding 
his  office  by  appointment  or  election  to  fill  a  vacancy,  shall  be 
the  Chief  Justice,  and  as  such  shall  preside  at  all  terms  of  the 
Supreme  Court,  and  in  case  of  his  absence,  the  Judge  having  in 
like  manner  the  next  shortest  term  to  serve,  shall  preside  in 
his  stead. 

Sec.  9.  There  shall  be  a  Clerk  of  the  Supreme  Court,  who 
shall  be  appointed  by  the  Judges  thereof,  and  shall  hold  his  of- 
fice during  the  pleasure  of  said  Judges,  and  whose  duties  and 
emoluments  shall  be  as  prescribed  by  law  and  by  the  rules  of 
the  Supreme  Court. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  Judge 
of  the  Supreme  Court  unless  he  shall  be  at  least  thirty  years  of 
age  and  <a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  this  State  or  Territory  at  least  three  years  next  pre- 


CONSTITUTIONAL    CONVENTION.  239 

cc(Iin«i  liis  dcci  ion.  and  slijill.  for  ;ii  least  three  years  next  pre- 
(cdiim  his  HIM  lion,  have  had  a  license  from  the  Supreme  Court 
of  this  State  or  Terriioi-v  as  an  attorney  and  counsellor-at-law 
in  good  standing. 

DISTRICT  COURTS. 

Sec.  11.  The  District  Courts  shall  have  original  jurisdic- 
tion of  all  causes,  both  at  common  law  and  in  equity,  and  such 
appellate  jurisdiction  as  may  be  provided  by  law. 

Sec.  12.  The  State  shall  be  divided  into  five  Judicial  Dis- 
trirts,  in  each  of  which  there  shall  be  elected  by  the  electors 
thereof,  one  Judge,  who  shall  be  Judge  of  the  District  Court 
therein,  and  whose  term  of  office  shall  be  six  years. 

The  Judges  of  the  District  Courts  may  hold  courts  for  each 
other,  and  shall  do  so  when  required  by  law. 

Sec.  13.  No  person  shall  be  eligible  to  the  office  of  District 
Judge  unless  he  shall  be  at  least  thirty  years  old  and  a  citizen 
of  the  United  States,  nor  unless  he  shall  have  resided  in  this 
State  or  Territory  at  least  three  years  and  in  the  Judicial  Dis- 
trict for  which  he  is  elected  at  least  two  years  next  preceding 
his  election,  and  who  shall  not  have  had  a  license  from  the  Su- 
preme Court  of  this  State  or  Territory  as  an  attorney  and  coun- 
sellor-at-law for  at  least  two  years  next  preceding  his  election, 
and  in  good  standing. 

Sec.  14.  Until  otherwise  provided  by  law  said  districts 
shall  be  as  follows,  viz.: 

First  District — The  counties  of  Weld,  Larimer,  Boulder, 
Gilpin  and  Clear  Creek. 

Second  District — The  counties  of  Jefferson,  Douglas,  Park, 
Lake,  Summit  and  Grand. 

Third  District — The  Counties  of  Arapahoe  and  Elbert. 

Fourth  District — The  Counties  of  Pueblo,  El  Paso,  Fre- 
mont, Huerfano,  Las  Animas  and  Bent. 

Fifth  District— The  Counties  of  Costilla,  Conejos,  Rio 
Grande,  San  Juan,  La  Plata,  Hinsdale  and  Saguache. 

Sec.  15.  The  time  of  holding  courts  within  the  said  dis- 
tricts shall  be  as  provided  by  law,  but  at  least  two  terms  of  the 
District  Court  shall  be  held  in  each  county  in  each  year,  except 
in  such  counties  as  may  be  attached  for  judicial  purposes  to 
some  other  county  wherein  such  courts  are  so  held. 

Sec.  16.  The  General  Assembly,  whenever  two-thirds  of  the 
members  of  each  house  shall  concur  therein,  may  in  or  after 
the  year  1880,  and  not  oftener  than  once  in  every  six  years,  in- 
crease the  number  of  Judges  of  the  District  Courts  and  the 
Judicial  Districts  of  the  State;  such  Districts  shall  be  formed 
of  compact  territory  and  bounded  by  county  lines,  but  such 
increase  or  change  in  the  boundaries  of  a  district  shall  not  va- 
cate the  office  of  any  Judge. 


240  PROCEEDINGS   OF    THE 

Sec.  17.  The  Judges  of  the  Supreme  Court  and  District 
Courts  and  the  District  Attorneys,  except  at  the  first  election 
for  State  officers  under  this  Constitution,  shall  be  chosen  at  an 
election  to  be  held  for  such  purpose  only,  which  shall  be  on  a 
different  day  from  that  on  which  an  election  is  held  for  any 
other  purpose  and  in  such  judicial  elections  no  person  shall  be 
voted  for  except  candidates  for  the  offices  of  the  courts  afore- 
said, until  otherwise  provided  by  law.  Such  judicial  elections 
shall  be  held  on  the  first  Monday  of  July  once  every  three  years, 
provided  that  for  the  purpose  of  filling  a  vacancy  occurring 
more  than  one  year  previous  to  such  triennial  election,  a  special 
election  shall  be  called  by  the  Governer  by  proclamation,  which 
shall  be  published  for  thirty  days  prior  to  such  election  in  the 
division  or  district  wherein  such  vacancy  occurs;  and,  provided 
further,  that  when  necessary  the  Governor  shall  fill  any  such 
vacancy  in  the  office  of  Judge  or  District  Attorney,  pending  such 
special  election. 

Sec.  18.  The  Judges  of  the  Supreme  and  District  Courts 
shall  each  receive  a  salary  of  five  thousand  dollars  per  annum, 
payable  quarterly,  and  no  such  Judge  shall  receive  any  other 
compensation,  perquisite  or  emolument  for  or  on  account  of  his 
office  in  any  form  whatever,  nor  act  as  attorney  or  counsellor- 
at-law  in  any  manner  whatever. 

Sec.  19.  There  shall  be  a  Clerk  of  each  District  Court,  win, 
Khali  be  appointed  by  the  Judges  of  the  District  Courts,  respect- 
ively, who  shall  hold  his  office  during  the  pleasure  of  the  Judge, 
and  whose  duties  and  compensation  shall  be  as  provided  by  law, 
and  regulated  by  the  rules  of  the  court. 

Sec.  20.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  Judges  of  the 
Supreme  and  District  Courts,  respectively,  shall  fix  the  terms 
thereof. 

Sec.  21.  There  shall  be  elected  at  each  judicial  election  a 
District  Attorney  for  each  Judicial  District,  whose  term  of  office 
shall  be  three  years,  and  whose  duties  and  compensation  shall 
be  as  provided  by  law.  No  person  shall  be  eligible  to  the  office 
of  District  Attorney  who  shall  not,  at  the  time  of  his  election, 
be  at  least  twenty-five  years  of  age,  and  possess  all  the  other 
qualifications  required  of  Judges  of  District  Courts  in  this  ar- 
ticle. 

PROBATE  COURTS. 

Sec.  22.  There  shall  be  elected  at  the  General  Election  in 
each  organized  county,  a  Probate  Judge,  who  shall  be  Judge  of 
the  Probate  Court  of  such  county;  whose  term  of  office  shall  be 
four  years,  and  whose  compensation  shall  be  such  as  may  be 
provided  by  law. 

Sec.  23.  Probate  Courts  shall  be  courts  of  recordr  and  shall 
have  original  jurisdiction  within  each  county  in  all  matters  of 
probate  settlement,  of  estates  of  deceased  persons,  appointment 


CONSTITUTIONAL    (  ONVENTION.  241 

of  iHiardians,  conservators  and  administrators,  and  settlement 
of  their  accounts,  and  such  other  jurisdiction  as  may  be  con- 
ferred by  law;  Provided,  such  courts  shall  not  have  jurisdiction 
in  any  case  involving  the  question  of  title  or  boundaries  of  real 
ostate,  nor  in  any  case  where  the  debt  or  damage,  claim,  or  value 
of  property  involved  shall  exceed  One  Thousand  Dollars,  except 
in  cases  relating  to  the  estates  of  deceased  persons.  Appeals 
may  be  taken  from  Probate  to  District  Courts  in  all  cases,  in 
such  manner  as  may  be  provided  by  law. 

CRIMINAL  COURTS. 

Sec.  2-1.  The  General  Assembly  shall  have  power  to  create 
and  establish  a  Criminal  Court  in  each  county  having  a  popula- 
tion exceeding  fifteen  thousand,  which  courts  may  have  concur- 
rent jurisdiction  with  the  District  Courts  in  all  criminal  cases 
below  the  grade  of  felony;  the  terms  of  such  courts  to  be  as 
provided  by  law,  and  the  Judge  of  the  Probate  of  any  such 
county  shall  be  ex-officio  Judge  of  said  Criminal  Court  within 
such  county. 

JUSTICES  OP  THE   PEACE. 

Sec.  25.  Justices  of  the  Peace  shall  be  elected  in  and  for 
such  precincts  or  districts,  and  have  such  jurisdiction  as  may 
be  conferred  by  law,  provided  that  no  Justice  of  the  Peace  shail 
have  jurisdiction  of  any  civil  case,  wherein  the,  amount  in  con- 
troversy exceeds  Three  Hundred  Dollars,  nor  where  the  bound 
taries  or  title  to  real  property  shall  be  called  in  question. 

POLICE   MAGISTRATES. 

Sec.  26.  The  General  Assembly  shall  have  power  to  pro 
vide  for  creating  such  Police  Magistrates  for  cities  and  towns 
as  may  be  decided  from  time  to  time  necessary  or  expedient. 

MISCELLANEOUS. 

Sec.  27.  The  Judges  of  courts  of  record  inferior  to  the  Su- 
preme Court  shall,  on  or  before  the  first  day  of  July  in  each 
year,  report  in  writing  to  the  Judges  of  the  Supreme  Court  such 
defects  and  omissions  in  the  laws  as  their  experience  may  sug- 
gest; and  the  Judges  of  the  Supreme  Court  shall,  on  or  before 
the  first  day  of  December  of  each  year,  report  in  writing  to  tho 
Governor,  to  be  by  him  transmitted  to  the  General  Assembly, 
together  with  his  message,  such  defects  and  omissions  in  the 
Constitution  and  laws  as  they  may  find  to  exist,  together  with 
appropriate  forms  of  bills  for  curing  the  same. 

Sec.  28.  All  laws  relating  to  courts  shall  be  general,  and 
of  uniform  operation  throughout  the  State,  and  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  the  courts 
of  the  same  class  or  grade,  so  far  as  regulated  ,by  law,  and  the 
force  and  effect  of  the  proceedings,  judgments,  and  decrees  of 
such  courts  severally,  shall  be  uniform. 


242  PROCEEDINGS    OF    THE 

Sec.  29.  All  officers  provided  for  in  this  article  shall  hold 
their  offices  until  their  successors  shall  be  qualified,  and  they 
shall,  excepting  Judges  of  the  Supreme  Court,  respectively, 
reside  in  the  district,  county,  precinct,  city  or  town  for  which 
they  may  be  elected  or  appointed.  Vacarcies  in  elective  offices 
shall  be  filled  by  election,  but  when  the  unexpired  term  rL'es 
not  exceed  one  year,  the  vacancy  shall  be  lilled  by  appointment, 
as  follows:  Of  Judges  of  the  Supreme  and  District  Courts,  by 
the  Governor;  of  District  Attorneys  and  Clerks  of  said  Courts, 
by  the  Judge  or  Judges  of  the  court  to  which  the  office  apper- 
tains; and  of  all  other  judicial  officers  by  the  Board  of  County 
Commissioners  of  the  county  where  the  vacancy  occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  "the  people 
of  the  State  of  Colorado."  All  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  "the  people  of  the  State  of 
Colorado,"  and  conclude  "against  the  peace  and  dignity  of  the 
same." 

On  motion  of  Mr.  Wilcox,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Marsh  moved  that  the  special  order  for  this  day  be  dis- 
charged, which  was  agreed  to. 

Mr.  Marsh  moved  that  the  report  of  the  Committee  of  the 
Whole  on  the  report  of  the  Committee  on  Legislature  and  Legis- 
lation be  taken  from  the  table. 

Mr.  Beck  moved  to  adjourn  until  9  o'clock,  a.  m.,  tomorrow. 
And  the  question  being  upon  the  motion  of  Mr.  Beck  to  ad- 
journ, and  being  put,  and  a  division  being  called,  it  was  decided 
in  the  affirmative — ayes  28,  noes  6. 

So  the  Convention  adjourned  until  9  o'clock  a.  m.,  tomor- 
row. 


CONSTITUTIONAL   CONVENTION.  -415 


SATURDAY,  FEBRUARY  5,  1870,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Harford.   • 

Roll  Called. 

Absent — Messrs.  Barela,  Boyles,  Carr,  Ebert,  Marsh,  Rock- 
well and  Stone. 

Mr.  Beck  asked  leave  of  absence  for  Mr.  Carr  until  Tues- 
day, which  was  granted. 

.Mr.  Clark  asked  for  leave  of  absence  for  Messrs.  Marsh  and 
Rockwell  until  Tuesday,  which  was  granted. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Kennedy  moved  that  the  reading  of  so  much  of  the  Journal 
as  embraced  the  report  of  the  Committee  on  Judiciary  be  dis- 
pensed with,  which  was  agreed  to. 

The  reading  of  the  Journal  was  then  completed,  and  the 
same  approved. 

The  President  announced  the  next  order  of  business  to  be 
the  unfinished  business  of  yesterday,  viz.:  the  motion  of  Mr. 
Marsh  to  take  from  the  table  the  report  of  the  Committee  of 
the  Whole  on  the  report  of  the  Committee  on  Legislature  and 
Legislation.  And  the  question  being  on  the  motion  of  Mr. 
Marsh  to  take  from  the  table  said  report,  and  being  put,  it  was 
decided  in  the  negative.  So  the  Convention  refused  to  take  said 
report  from  the  table. 

.Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  the  report  of  the  Committee  on  State  Institutions 
and  buildings  as  correctly  printed.  There  being  no  objection, 
the  report  was  received  and  placed  on  file  by  the  Secretary. 

Mr.  Head,  Chairman  of  the  Committee  on  Miscellaneous 
Subjects,  presented  a  report  of  that  Committee  as  follows: 

Denver,  Colorado,  February  3, 1876. 
To  the  Honorable  President  and  Constitutional  Convention: 

Gentlemen — Your  Committee  on  Miscellaneous  Subjects,  to 
whom  was  referred  the  resolutions  of  Mr.  Felton,  concerning 
boundaries;  and  the  resolution  of  Mr.  Barela,  concerning  the 
publication  of  the  Constitution  and  Laws  of  the  State  of  Colo- 
rado with  the  amendments  offered  to  the  last  named  resolution 
by  Mr.  Garcia  and  Mr.  Ebert,  beg  leave  to  state  that  they  have 
had  the  same  under  consideration,  and  present  the  following 
substitutes  for  said  resolutions  and  recommend  their  adoption. 

L.  HEAD,  Chairman. 

PUBLICATION  OF  LAWS. 

The  General  Assembly  shall  provide  for  the  publication  of 
the  laws  passed  at  each  session  thereof;  they  shall  cause  to  be 


244  PROCEEDINGS    OP    THE 

published,  in  Spanish  and  German,  a  sufficient  number  of  copies 
of  said  laws  to  supply  that  portion  of  the  inhabitants  of  the 
State  who  speak  those  languages  and  who  may  be  unable  to 
read  and  understand  the  English  language. 

BOUNDARIES. 

The  Boundaries  of  the  State  of  Colorado  shall  be  as  fol- 
lows: Commencing  on  the  Thirty-Seventh  parallel  of  north 
latitude,  where  the  twenty-fifth  Meridian  of  longitude  west  from 
Washington  crosses  the  same;  thence  north  on  said  Meridian  to 
the  forty-first  parallel  of  north  latitude;  thence  along  said  par- 
allel west  to  the  thirty-second  Meridian  of  longitude  west  from 
Washington;  thense  south  on  said  Meridian  to  the  thirty-seventh 
parallel  of  north  latitude;  thence  along  said  thirty-seventh  par- 
allel of  north  latitude  to  the  place  of  beginning. 

Your  Committee  also  present  the  following  resolution  con- 
cerning the  publication  of  the  Constitution  and  the  address  to 
accompany  the  same  and  recommend  its  adoption: 

Resolved,  That  the  Constitution,  when  framed,  together 
with  the  address  which  is  to  accompany  the  same,  be  published 
in  pamphlet  form,  for  distribution  among  the  citizens  of  Colo- 
rado; That  the  Committee  on  Printing  be  instructed  to  have 
printed  in  the  English  language  -  — copies;  in  the  Spanish  lan- 
guage  copies;  and  in  the  German  language copies  of  the 

same. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed,  and  laid  upon  the  table  for  future  consideration. 

Messrs.  Ebert,  Stone  and  Boyles  appeared  and  took  their 
seats. 

Mr.  Kennedy  moved  that  the  report  of  the  Committee  on 
Future  Amendments  be  taken  from  the  table,  which  was  agreed 
to. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the 
Standing  Committee  on  Future  Amendments.  Mr.  Wilcox  in 
the  chair,  and  after  some  time  spent  therein,  the  President  re- 
sumed the  chair  and  Mr.  Wilcox  submitted  the  following  report : 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Future  Amendments,  having,  according  to  order,  had  under  con- 
sideration said  report,  have  directed  me  to  report  the  same 
back,  with  sundry  amendments  thereto,  and  ask  the  concurrence 
of  the  Convention  therein,  in  the  words  following. 

P.  P.  WILCOX, 
Chairman  of  Committee  of  the  Whole. 


CONSTITUTIONAL   CONVENTION.  245 

FUTURE  AMENDMENTS. 

Section  1.  Whenever  two-thirds  of  the  members  of  each 
house  of  the  General  Assembly  shall,  by  a  vote  entered  upon  the 
Journals  thereof,  concur  that  a  Convention  is  necessary  to 
revise,  alter  or  amend  the  Constitution,  the  question  shall  be 
submitted  to  the  electors  at  the  next  General  Election.  If  a 
majority  voting  at  an  election  vote  for  a  Convention,  the  Gen- 
eral Assembly  shall,  at  its  next  session,  provide  for  a  Conven- 
tion, to  consist  of  double  the  number  of  the  Senate,  to  be  elected 
in  the  same  manner,  at  the  same  places  and  in  the  same  dis- 
tricts. The  General  Assembly  shall,  in  the  act  calling  the  Con- 
vention, designate  the  day,  hour  and  place  of  meeting;  fix  the 
pay  of  its  members  and  officers,  and  provide  for  the  payment  of 
the  same,  together  with  the  expense  necessarily  incurred  by  the 
Convention  in  the  performance  of  its  duties. 

Before  proceeding  the  members  shall  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and  of  the  State  of 
Colorado,  and  to  faithfully  discharge  their  duties  as  members  of 
the  Convention. 

The  qualification  of  members  shall  be  the  same  as  that  of 
members  of  the  Senate;  and  vacancies  occurring  shall  be  filled 
in  the  same  manner  provided  for  filling  vacancies  in  the  Gen- 
eral Assembly. 

Said  Convention  shall  meet  within  three  months  after  such 
election  and  prepare  such  revisions,  alterations  or  amendments 
to  the  Constitution  as  shall  be  deemed  necessary;  which  shall 
be  submitted  to  the  electors  for  their  ratification  or  rejection, 
at  an  election  appointed  by  the  Convention  for  that  purpose, 
not  less  than  two  nor  more  than  six  months  after  the  adjourn- 
ment thereof;  and  unless  so  submitted  and  approved  by  a  ma- 
jority of  the  electors  voting  at  the  election,  no  such  revision, 
alteration  or  amendment  shall  take  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  Constitu 
tion  may  be  proposed  in  either  house  of  the  General  Assembly, 
and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  house,  such  proposed  amendments,  together 
with  the  ayes  and  noes  of  each  house  thereon,  shall  be  entered 
in  full  on  their  respective  Journals;  and  the  Secretary  of  State 
shall  cause  the  said  amendment  or  amendments  to  be  published 
in  full  in  at  least  one  newspaper  in  each  county  (if  such  there 
be),  for  three  months  previous  to  the  next  general  election  for 
Members  to  the  General  Assembly;  and  at  said  election,  the 
said  amendment  or  amendments  shall  be  submitted  to  the  quali- 
fied electors  of  the  State  for  their  adoption  or  rejection,  and  if 
they  are  approved  by  a  majority  of  those  voting  thereon,  they 
shall  become  part  of  this  Constitution;  but  the  General  Assem 
bly  shall  have  no  power  to  propose  amendments  to  more  than 
one  article  of  this  Constitution  at  the  same  session. 


246  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  of 
the  Whole  was  received. 

Mr.  Felton  moved  that  the  Convention  concur  in  the  amend- 
ments to  the  report  of  the  Committee  on  Future  Amendments 
as  reported  by  the  Committee  of  the  Whole,  viz.:  in  the  second 
line  of  section  1,  to  strike  out  the  word  "conclude"  and  insert 
in  lieu  the  word  "concur;"  in  the  fourth  line  of  section  1  to 
insert  between  the  words  "Election"  and  "for"  the  word  "vote"; 
and  in  the  fifth  line  of  section  1,  to  strike  out  the  word  "the" 
between  the  words  "at"  and  "next",  and  insert  in  lieu  the  word 
"its;"  and  in  section  2,  to  strike  out  the  words  "voted  upon  by," 
in  the  eighth  line,  and  insert  in  lieu  the  words  "submitted  to;" 
and  also  in  same  line,  to  insert  after  the  word  "State"  the  words 
"for  their  adoption  or  rejection;"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  to  the  re- 
port of  the  Committee  on  Future  Amendments,  as  reported  by 
the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark  the  Convention  adopted  the  fol- 
lowing article: 

FUTURE   AMENDMENTS. 

Section  1.  Whenever  two-thirds  of  the  members  of  each 
house  of  the  General  Assembly  shall,  by  a  vote  entered  upon 
the  Journals  thereof,  concur  that  a  Convention  is  necessary  to 
revise,  alter  or  amend  the  Constitution,  the  question  shall  be 
submitted  to  the  electors  at  the  next  General  Election;  if  a 
majority  voting  at  an  election,  vote  for  a  Convention,  the  Gen- 
eral Assembly  shall,  at  its  next  session,  provide  for  a  Conven- 
tion, to  consist  of  double  the  number  of  members  of  the  Senate, 
to  be  elected  in  the  same  manner,  at  the  same  places  and  in 
the  same  districts. 

The  General  Assembly  shall,  in  the  act  calling  the  Conven- 
tion, designate  the  day,  hour  and  place  of  meeting;  fix  the  pay 
of  its  members  and  officers  and  provide  for  the  payment  of 
same,  together  with  the  expense  necessarily  incurred  by  the 
Convention  in  the  performance  of  its  duties. 

Before  proceeding,  the  members  shall  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and  of  the  State  of 
Colorado,  and  to  faithfully  discharge  their  duties  as  members 
of  the  Convention. 

The  qualifications  of  members  shall  be  the  same  as  that  of 
members  of  the  Senate,  and  vacancies  occurring  shall  be  filled 
in  the  same  manner  provided  for  filling  vacancies  in  the  Gen 
eral  Assembly. 

Said  Convention  shall  meet  within  three  months  after  such 
election,  and  propose  such  revisions,  alterations  or  amendments 
to  the  Constitution  as  shall  be  deemed  necessary,  which  shall 
be  submitted  to  the  electors  for  their  ratification  or  rejection 
at  an  election  appointed  by  the  Convention  for  that  purpose, 


CONSTITUTIONAL    <MN\  i:\'i  ION.  247 

not  less  tlmn  t\\<>  HIM-  more  limn   six   months  after  flic  adjourn 
ment   i hereof;  and  unless  so  submitted  and  approved  by  a  ma- 
jority of  the  electors  voting  at  the  election,  and  no  such  revision, 
alteration  or  amen  dm  en  I   si  mil   lake  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  house  of  the  General  Assembly, 
and  it'  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  house,  such  proposed  amendments,  together 
with  the  ayes  and  noes  of  each  house  thereon,  shall  be  entered 
in  full  on  their  respective  Journals;  and  the  Secretary  of  State 
shall  cause  the  said  amendment  or  amendments  to  be  published 
in  full  in  at  least  one  newspaper  in  each  county  (if  such  there 
be),  for  three  months  previous  to  the  next  General  Election  for 
Members  of  the  General  Assembly;  and  at  said  election,  the  said 
amendment  or  amendments  shall  be  submitted  to  the  qualified 
electors  of  the  State  for  their  adoption  or  rejection,  and  if  they 
are  approved  by  a  majority  of  those  voting  thereon,  they  shall 
become  part  of  this  Constitution;  but  the  General  Assembly 
shall  have  no  power  to  propose  amendments  to  more  than  one 
article  of  this  Constitution  at  the  same  session. 

On  motion  of  Mr.  Clark,  the  article  on  Future  Amendments, 
as  adopted  by  the  Convention,  was  ordered  engrossed  and  re- 
ferred to  the  Committee  on  Kevisions  and  Adjustments. 

Mr.  James  moved  that  the  Convention  adjourn  until  2 
o'clock,  p.  m.,  which  was  not  agreed  to. 

Mr.  Wilcox  asked  leave  of  absence  until  Tuesday,  which,  on 
motion  of  Mr.  Hough,  was  granted. 

Mr.  White  moved  that  the  Convention  adjourn  until  Mon- 
day next  at  9  o'clock  a.  m.,  wrhich  was  agreed  to. 

So  the  Convention  adjourned  until  9  o'clock  a.  m.,  on  Mon- 
dav  next. 


248  PROCEEDINGS    OF    THE 


MONDAY,  FEBRUARY  7,  1876,  9  O'CLOCK,  A.  M. 

Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  the  Rev.  Mr.  Palmer. 
Roll  called. 

Absent — Messrs.  Boyles,  Carr,  Lee,  Marsh,  Rockwell,  White 
and  Wilcox. 

The  Journal  having  been  partially  read,  Mr.  Kennedy  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
report  of  the  Committee  on  Miscellaneous  Subjects  be  dispensed 
with,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Stone  presented  a  petition  from  one  hundred  and  twen- 
ty-nine citizens  of  Denver,  asking  that  the  Constitution  be  so 
framed,  in  fixing  the  status  of  voters,  that  no  distinction  shall 
be  made  on  account  of  sex,  which,  on  motion  of  Mr.  Kennedy, 
was  referred  to  the  Committee  on  Rights  of  Suffrage  and  Elec- 
tions. 

Mr.  Ebert,  Chairman  of  the  Committee  on  Forest  Culture, 
presented  a  report  of  that  committee  as  follows: 

To  the  Honorable,  the  President  and  the  Constitutional  Con- 
vention of  Colorado: 

Gentlemen — The  Committee  on  Forest  Culture,  to  whom 
was  referred  back  the  previous  report,  with  several  amendments 
for  reconsideration,  beg  leave  to  report  again  in  the  words  fol- 
lowing. 

(Signed)     F.  J.  EBERT, 

Chairman  of  Committee. 
FORESTS. 

.Section  1.  The  General  Assembly  shall  enact  laws  in  order 
to  prevent  the  destruction  of  and  to  keep  in  good  preservation 
the  forests  upon  the  lands  of  the  State,  or  upon  the  lands  of 
the  public  domain,  the  control  of  which  shall  be  conferred  by 
Congress  upon  the  State. 

Sec  2.  The  General  Assembly  may  provide  that  the  in- 
crease in  the  value  of  private  lands,  as  caused  by  the  planting 
of  hedges,  orchards  and  forests  thereon,  shall  not,  for  a  limited 
time,  to  be  fixed  by  law,  be  taken  into  account  in  assessing  such 
lands  for  taxation. 

On  motion  of  Mr.  Widderfield,  the  report  was  received,  or- 
dered printed,  and  laid  upon  the  table  for  future  consideration. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Executive  Department 
as  correctly  engrossed. 


... \srirrTioNAL  <  ONVKNTION.  249 

On  motion  of  Mr.  guillian,  the  report  was  received  and  re- 
1  fired  to  the  Committee  on  Revisions  and  Adjustments. 

Mi.  Hough,  Chairman  of  Committee  on  Printing,  reported 
hark  the  report  of  the  Committee  on  Judiciary  as  correctly 
printed. 

There  heing  no  objection,  the  report  was  received  and 
placed  on  file  by  the  Secretary. 

Mr.  Stone,  Chairman  of  the  Committee  on  Judiciary,  pre- 
sented a  report  of  that  committee,  as  follows: 

To  the  Honorable  President  of  the  Constitutional  Convention: 

Your  Standing  Committee  on  Judiciary,  having  had  under 
consideration  the  resolution  offered  in  Convention  and  referred 
to  said  committee,  relating  to  the  importation,  manufacture  and 
sale  of  poisonous  liquors,  have  agreed  to  report  back  the  follow- 
ing substitute  and  recommend  its  adoption. 

The  General  Assembly  shall  prohibit  by  law  the  importa- 
tion into  this  State,  for  the  purpose  of  sale,  of  any  spurious, 
poisonous  or  drugged  spirituous  liquors,  or  spirituous  liquors 
adulterated  with  any  poisonous  or  deleterious  substance,  mix- 
ture or  compound;  and  shall  prohibit  the  manufacture  within 
the  State,  except  for  chemical  or  mechanical  purposes,  of  any 
of  said  liquors,  whether  they  be  denominated  spirituous,  vinous, 
malt  or  otherwise;  and  shall  also  prohibit  the  sale  of  any  such 
liquors  to  be  used  as  a  beverage,  and  such  prohibition  shall  be 
enforced  by  fine  and  imprisonment. 

Respectfully  submitted, 

WILBUR  F.  STONE, 
Chairman. 

On  motion  of  Mr.  Douglas,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Felton,  Chairman  of  the  Committee  on  Officers  and 
Oaths  of  Office,  presented  the  report  of  that  committee  as  fol- 
lows: 

Denver,  Colorado,  February  7,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado. 

Gentlemen — Your  Committee  on  Officers  and  Oaths  of  Of- 
fice, to  whom  was  referred  the  subject  matter  pertaining  to 
that  branch  of  the  Constitution,  beg  leave  to  state  that  they 
have  had  the  same  under  consideration,  and  present  the  accom- 
panying article  as  their  report. 

All  of  which  is  respectfully  submitted, 

W.  B.  FELTON, 
Chairman  of  Committee. 

Section  1.  All  persons  holding  office  under  this  State  or 
any  municipality  therein,  either  by  election  or  appointment. 


250  PROCEEDINGS    OF    THE 

shall  exercise  the  duties  of  their  respective  offices  until  their 
successors  are  duly  qualified  according  to  law. 

Sec.  2.  That  no  person  elected  or  appointed  to  any  office 
or  employment  of  trust  or  profit  under  the  laws  of  this  State,  or 
any  ordinance  of  any  municipality  in  this  State,  shall  hold  such 
office  without  personally  devoting  his  time  to  the  performance  of 
the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now  or  hereafter  may  become  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to  or  assume  the  duties  of 
any  office  of  trust  in  this  State  under  the  laws  thereof,  or  of 
any  municipality  therein,  until  he  shall  have  accounted  for  and 
paid  over  all  public  money  for  which  he  may  be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery  or  perjury,  shall  be  eligible  to  the  Gen- 
eral Assembly  or  capable  of  holding  any  office  of  trust  or  profit 
in  this  State. 

The  General  Assembly  may  prescribe  the  same  penalty  for 
the  violation  of  the  laws  regulating  elections. 

All  cases  specified  in  this  section  shall  be  deemed  to  be 
excepted  out  of  the  provision  of  section  eight  of  the  article  re- 
lating to  the  Executive  Department. 

Sec.  5.  The  District  Court  of  each  county  shall,  at  each 
term  thereof,  specially  give  in  charge  to  the  Grand  Jury,  the 
laws  regulating  the  accountability  of  the  County  Treasurer,  and 
shall  appoint  a  committee  of  such  Grand  Jury,  or  of  other  re- 
putable persons,  not  exceeding  five,  to  investigate  the  office  of 
the  Treasurer  of  such  county,  and  report  to  the  court  the  condi- 
tion of  said  office. 

The  Judge  of  the  District  Court  may  appoint  a  like  Com- 
mittee in  vacation  at  any  time,  but  not  oftener  than  once  in 
every  three  months.  The  District  Court  of  the  county  wherein 
the  Seat  of  Government  may  be  shall  have  the  like  power  to 
appoint  committees  to  investigate  the  office  of  the  Auditor  and 
Treasurer  of  the  State. 

Sec.  6.  Any  civil  officer  who  shall  solicit,  demand  or  re- 
ceive4  or  consent  to  receive,  directly  or  indirectly  for  himself  or 
for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  reward, 
thing  of  value  or  enjoyment,  or  of  personal  advantage,  or  prom- 
ise thereof,  for  his  vote,  official  influence  or  action  or  for  with- 
holding the  same,  or  with  an  understanding  that  his  official  in- 
fluence or  action  shall  be  in  any  way  influenced  thereby,  or  who 
shall  solicit  or  demand  any  such  money  or  advantage,  matter  or 
thing  aforesaid  for  another,  as  the  consideration  of  his  vote, 
official  influence  or  action,  or  for  withholding  the  same,  or  shall 
give  or  withhold  his  vote,  official  influence  or  action  in  consid- 
eration of  the  payment  or  promise  of  such  money,  advantage, 


CONSTITUTIONAL   CONVENTION.  251 

ma  IK  i  or  thing  to  another,  shall  be  held  guilty  of  bribery 
within  the  meaning  of  this  Constitution,  and  shall  incur  the 
disabilities  provided  thereby  for  such  offense  and  such  addi- 
tional punishment  as  is  or  shall  be  provided  by  law. 

Sec.  7.  If  any  person  elected  to  either  house  of  the  Gen- 
eral Assembly  shall  offer  or  promise  to  give  his  vote  or  influ- 
ence in  favor  of  or  against  any  measure  or  proposition  pending 
or  proposed  to  be  introduced  in  the  General  Assembly,  in  con- 
sideration or  upon  condition  that  any  other  person  elected  to 
the  same  General  Assembly,  will  give  or  will  promise  or  assent 
to  give  his  vote  or  influence  in  favor  of  or  against  any  other 
measure  or  proposition  pending  or  proposed  to  be  introduced  in 
such  General  Assembly,  the  person  making  such  offer  or  prom- 
ise shall  be  deemed  guilty  of  corrupt  solicitation  of  bribery.  If 
any  member  of  the  General  Assembly  shall  give  his  vote  or  influ- 
ence for  or  against  any  measure  or  proposition  pending  in  such 
General  Assembly,  or  offer,  promise  or  assent  so  to  do,  upon  con- 
dition that  any  other  member  will  give  or  will  promise  or  assent 
to  give  his  vote  or  influence  in  favor  of  or  against  any  other 
measure  or  proposition  pending  or  proposed  to  be  introduced  in 
such  General  Assembly,  or  in  consideration  that  any  other  mem- 
ber hath  given  his  vote  or  influence  for  or  against  any  other 
measure  or  proposition  in  such  General  Assembly,  he  shall  be 
deemed  guilty  of  bribery.  And  any  other  member  of  the  Gen- 
eral Assembly,  or  person  elected  thereto,  who  shall  be  guilty 
of  either  of  such  offenses,  shall  be  expelled  and  shall  not  be 
hereafter  eligible  to  the  same  General  Assembly;  and  (upon)  con- 
viction thereof  in  the  civil  courts  shall  be  liable  to  such  further 
penalty  as  may  be  prescribed  by  law. 

Sec.  8.  Members  of  the  General  Assembly,  before  they  en- 
ter upon  their  official  duties,  shall  take  the  following  oath  or 
affirmation:  4<You  do  solemnly  swear  (or  affirm)  that  you  will 
support  the  Constitution  of  the  United  States  and  the  Consti- 
tution of  the  State  of  Colorado,  and  that  you  will  faithfully  per- 
form the  duties  of  your  office  according  to  the  best  of  your 
ability,  so  help  you  God." 

The  above  oath  shall  be  administered  to  the  members  ot 
the  General  Assembly  by  a  Judge  of  some  court  of  record  in 
the  hall  of  the  house  to  which  the  member  is  elected. 

Sec.  9.  All  civil  officers,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices, 
lake  and  subscribe  to  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the  State 
of  Colorado,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  -  — ,  whereon  I  am  about  to  enter,  accord- 

ing to  the  best  of  my  ability.     So  help  me  God. 

The  above  oath  may  be  administered  by  any  officer  quali- 
fied by  ln\v  to  administer  an  oath. 


252  PROCEEDINGS   OF    THE 

Sec.  10.  Officers  of  the  Executive  Department  and  Judges 
of  the  Supreme  and  District  Courts  shall  file  their  oaths  of  of- 
fice with  the  Secretary  of  State;  all  other  officers  shall  file  their 
oaths  of  office  with  the  County  Clerk  of  the  county  wherein  they 
may  exercise  the  duties  of  their  office. 

Sec.  11.  If  any  officer  shall  refuse  or  neglect  to  qualify  in 
his  office  within  the  time  which  may  be  prescribed  by  law,  such 
office  shall  be  deemed  vacant. 

Sec.  12.  Previous  to  entering  on  the  duties  of  their  re- 
spective offices,  all  civil  officers  of  this  State  shall  give  bond 
with  security,  in  the  manner  and  in  such  amount  as  shall  bt 
provided  by  law;  provided,  that  the  officers  elected  on  the  first 
Tuesday  in  October,  A.  D.,  1876,  shall  give  bond,  with  security, 
to  the  State  of  Colorado  in  the  amount  and  in  such  manner  as 
is  now  prescribed  by  law  for  their  respective  offices  in  the  Terri- 
tory of  Colorado. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  or- 
dered printed  and  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  on 
Mines  and  Mining  was  taken  from  the  table. 

On  motion  of  Mr.  Clark,  the  consideration  of  the  report  of 
the  Committee  on  Mines  and  Mining  in  Committee  of  the  Whole 
was  made  the  special  order  for  tomorrow,  after  the  regular  or- 
der of  business. 

Mr.  Douglas  moved  that  the  report  of  the  Committee  of 
the  Whole  on  Legislature  and  Legislation  be  taken  from  the 
table.  And  the  question  being  on  the  motion  of  Mr.  Douglas  to 
take  from  the  table,  and  being  put  and  a  division  being  called, 
it  was  decided  in  the  affirmative — ayes  15,  noes  G. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Doug- 
las to  take  from  the  table  the  report  of  the  Committee  of  the 
Whole  on  Legislature  and  Legislation. 

Mr.  Kennedy  moved  that  the  report  be  considered  by  sec- 
tions, which  was  agreed  to. 

Mr.  Clark  moved  that  the  reading  of  the  amendments  to 
the  report  of  the  Standing  Committee  on  Legislature  and 
Legislation,  as  reported  to  the  Convention  by  the  Committee 
of  the  Whole,  be  dispensed  with,  and  that  said  amendments 
be  concurred  in  by  the  Convention,  as  follows,  viz.: 

In  section  2  of  the  part  entitled  the  Legislature,  to  insert 
the  word  "first"  before  the  word  "Tuesday,"  in  first  line;  to 
strike  out  the  words  "next  after  the  first  Monday,"  in  the 
second  line;  to  strike  out  of  same  line  the  word  "November," 
and  insert  in  lieu  the  word  "October,"  and  in  same  line  to 
strike  out  the  words  "every  two  years  thereafter"  and  insert 
in  lieu  the  words  "1878  and  in  each  alternate  year  thereafter 
on  such  day  as  may  be  provided  by  law,"  and  in  the  sixth  line 
to  strike  out  the  word  "Legislative"  and  insert  the  word 
"General." 


•  •INSTITUTIONAL   CONVENTION.  253 

In  section  (i  to  strike  mil  tin-  word  "Legislative-"  in  tin-  lir>l 
line  ami  insert  in  lieu  the  word  "General;"  to  strike  out  all 
from  the  word  "Government,"  in  the  fourth  line,  up  to  and  in- 
cluding the  word  "member,"  in  the  fifth  line,  and  insert  in  lieu 
the  words  "and  they  shall  receive  no  other  compensation, 
perquisite  or  allowance  whatsoever.  No  session  of  the  General 
Assembly  shall  exceed  sixty  days,"  and  to  strike  out  the  word 
"Legislative"  and  insert  the  word  "General"  in  lieu. 

To  strike  out  the  whole  of  section  9,  as  reported  by  the 
Committee  on  Legislature  and  Legislation. 

To  strike  out  of  the  second  line  of  section  2  of  the  article 
on  Legislation  the  words  "as  follows." 

To  strike  out  of  the  third  line  in  section  3  the  figures  "2-3." 

To  strike  out  of  the  third  line  in  section  6  the  words  "yeas 
and  nays,"  and  insert  in  lieu  the  words  "ayes"  and  "noes." 

In  section  9,  to  insert  the  words  "person,  company  or"  in 
the  first  line,  after  the  word  "any,"  in  the  second  line,  after 
the  word  "such." 

In  section  10,  to  insert  after  the  word  "constables"  the 
words  "changing  the  rules  of  evidence  in  any  trial  or  inquiry." 

In  section  20,  to  insert  in  first  line  the  word  "industrial" 
after  the  word  "charitable;"  to  insert  in  the  second  line  the 
word  "corporation"  after  the  word  "person;"  to  insert  after 
the  word  "community"  in  the  same  line,  the  words  "not  under  the 
absolute  control  of  the  State,"  and  to  strike  out  of  the  same 
line  the  word  "corporation." 

Section  24,  to  insert  in  the  first  line  after  the  word  "any" 
the  words  "person,  association  or." 

Section  26,  to  insert  in  the  second  line  after  the  word 
"adjournment"  the  words  "relating  solely  to  the  transaction 
of  business  of  the  two  houses." 

And  the  question,  being  on  the  motion  of  Mr.  Clark  to 
concur  in  the  amendments  to  the  report  of  the  Committee  on 
Legislature  and  Legislation,  as  reported  by  the  Committee  of 
the  Whole,  and  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  concurred  in  the  amendments  to  the 
report  of  the  Committee  on  Legislature  and  Legislation,  as 
reported  by  the  Committee  of  the  Whole. 

Mr.  Boyles  appeared  and  took  his  seat. 

.Mr.  Douglas  moved  the  adoption  of  section  1,  as  reported 
by  the  Committee  of  the  Whole,  which  was  agreed  to. 

So  the  Convention  adopted  section  1,  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  James  moved  the  adoption  of  section  2,  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Crosby  moved  to  amend  section  2  by  striking  out  the 
word  "October,"  in  the  first  line,  and  insert  in  lieu  thereof  the 


254  PROCEEDINGS    OF    THE 

word  "August,"  and  the  question,  being  on  the  motion  of  Mr. 
Crosby  to  strike  out  the  word  "October"  and  insert  in  lieu 
the  word  "August,"  and  being  put,  it  was  decided  in  the 
negative — ayes,  4;  noes,  27.  And  the  ayes  and  noes  being  called 
for,  those  voting  in  the  affirmative  are :  Messrs.  Crosby,  Cooper, 
Kennedy  and  Webster. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Brom- 
well,  Beck,  Cushman,  Clark,  Douglas,  Ellsworth,  Ebert,  Fel- 
ton,  Garcia,  Hurd,  Hough,  Head,  James,  Meyer,  Plumb,  Pease, 
Quillian,  Stover,  Thatcher,  Vigil,  Wells,  Wheeler,  Wldderfield, 
Yount  and  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Crosby. 

Mr.  Kennedy  moved  to  amend  section  2  by  striking  out  the 
word  "October"  in  first  line,  and  inserting  in  lieu  the  word 
"September." 

Mr.  Pease  moved  the  previous  question,  and  the  question 
b^ing,  "Shall  the  main  question  be  now  put?"  it  was  ordered. 

And  the  question  being,  "Will  the  Convention  concur  in  the 
amendment  offered  by  Mr.  Kennedy?"  and  being  put,  it  was 
decided  in  the  negative.  Ayes,  3;  noes  28.  And  the  ayes  and 
noes  being  called,  those  having  voted  in  the  affirmative  are: 
Messrs.  Cooper,  Crosby  and  Kennedy. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Brom- 
well,  Bock,  Cushman,  Clark,  Douglas,  Ellsworth,  Ebert,  Felton, 
Garcia,  Hurd,  Head,  Hough,  James,  Meyer,  Plumb,  Pease,  Quil- 
lian, Stone,  Stover,  Thatcher,  Vigil,  Webster,  Wells,  Wheeler, 
Widderfield,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Kennedy. 

And  the  question  recurring  on  the  motion  of  Mr.  James  to 
adopt  section  2  as  reported  by  the  Committee  of  the  Whole,  and 
being  put,  it  was  decided  in  the  affirmative.  And  the 
ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are:  Messrs.  Barela,  Bromwell,  Beck,  Cushman,  Clark, 
Cooper,  Douglas,  Ellsworth,  Ebert,  Felton,  Garcia,  Hurd, 
Hough,  Head,  James,  Meyer,  Plumb,  Pease,  Quillian,  Stone, 
Stover,  Thatcher,  Vigil,  Webster,  Wells,  Wheeler,  Yount  and 
Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Crosby,  Ken- 
nedy and  Widderfield. 

So  the  Convention  adopted  section  2  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Thatcher  moved  to  reconsider  the  vote  by  which  the 
Convention  adopted  section  2  as  reported  by  the  Committee 
of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Thatcher 
to  reconsider,  and  being  put  and  a  division  being  called,  it  was 
decided  in  the  affirmative.  Ayes,  14;  noes,  12. 


CONSTITUTIONAL   CONVENTION.  255 


So  the  (  'onveni  ion  .-on.  in-HMl  in  the  motion  of  Mr.  Thatcher 
to  reconsider. 

Messrs.  Lee,  Rockwell  and  Marsh  appeared  and  took  their 
seats. 

Under  the  operation  of  the  vote  to  reconsider,  the  question 
then  recurred,  "Will  the  Convention  concur  in  the  amendment 
offered  by  Mr.  Kennedy,  to  strike  out  the  word  'October/  in 
the  first  line,  and  insert  the  word  'September?  And  being  put, 
it  was  decided  in  the  negative.  Ayes,  10;  rioes,  22. 

Mr.  Lee,  at  his  own  request,  was  excused  from  voting. 

The  ayes  and  noes  being  called  for. 

Those  voting  in  the  affirmative  are:  Messrs.  Crosby,  Fel- 
ton,  Hurd,  Kennedy,  Plumb,  Quillian,  Stone,  Thatcher,  Wheeler 
and  Widderfield. 

Those  voting  in  the  negative  are  Messrs.  Barela;  Boyles, 
Bromwell,  Beck,  Cushman,  Clark,  Cooper,  Douglas,  Ellsworth, 
Ebert,  Garcia,  Hough,  Head,  James,  Meyer,  Pease,  Stover,  Vijil, 
Webster,  Wells,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Kennedy. 

The  question  recurring  upon  the  motion  of  Mr.  James  to 
adopt  Section  2,  as  reported  by  the  Committee  of  the  Whole, 
pending  the  vote  upon  which  Mr.  Wells  moved  to  reconsider 
the  vote  by  which  the  previous  question  was  ordered,  which 
motion  the  President  decided  not  to  be  in  order. 

Whereupon  Mr.  Wells  appealed  from  the  decision  of  the 
President,  and  the  question  being  put,  "Shall  the  decision  of 
the  Chair  stand  as  the  judgment  of  the  Convention?"  and  a 
division  being  called,  it  was  decided  in  the  affirmative.  Ayes, 
14;  noes,  12. 

So  the  decision  of  the  President  was  sustained  by  the  Con- 
vention. 

The  question  then  being,  "Will  the  Convention  adopt  Sec- 
tion 2,  as  reported  by  the  Committee  of  the  Whole?"  and  being 
put,  it  was  decided  in  the  affirmative.  Ayes,  21;  noes,  12. 

And  the  ayes  and  noes  being  called  for,  those  voting  in 
the  affirmative  are:  Messrs.  Barela,  Boyles,  Bromwell,  Beck, 
Cushman,  Clark,  Cooper,  Ellsworth,  Ebert,  Garcia,  Hurd, 
Hough,  Head,  James,  Lee,  Marsh,  Plumb,  Pease,  Stover,  Vijil, 
Yount. 

Those  voting  in  the  negative  are:  Messrs.  Crosby,  Douglas, 
Kennedy,  Quillian,  Rockwell,  Stone,  Thatcher,  Webster,  Wells, 
Wheeler,  Widderfield,  Mr.  President. 

So  the  Convention  adopted  Section  2  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  James  moved  the  adoption  of  Section  3  as  reported  by 
the  Committee  of  the  Whole,  which  was  agreed  to. 


256  PROCEEDINGS    OF   THE 

So  the  Convention  adopted  Section  3  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Thatcher  moved  to  amend  Section  4  by  inserting  the 
word  "either"  after  the  word  "he"  in  the  second  line  and  also 
by  inserting  in  the  same  line  after  the  word  "States"  the  words 
"or  have  declared  his  intention  to  become  such." 

Mr.  Hough  moved  to  adjourn  until  2  o'clock  this  afternoon. 

And  the  question  being  on  the  motion  of  Mr.  Hough  to 
adjourn,  and  being  put  and  a  division  being  called,  it  was  de- 
cided in  the  affirmative.  Ayes,  22;  noes,  9. 

So  the  Convention  adojurned  until  2  o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Roll  called.  Absent — Messrs.  Boyles,  Carr,  Cushman,  Gar- 
cia, White,  Wilcox  and  Yount. 

The  Convention  resumed  the  consideration  of  Section  4,  and 
Mr.  Thatcher  moved  the  previous  question,  pending  which,  on 
motion  of  Mr.  Barela,  it  was  ordered  that  there  be  a  call  of  the 
Convention. 

The  roll  being  called,  the  following  named  members  failed 
to  answer  to  their  names,  viz.:  Messrs.  Boyles,  Carr,  Cushman, 
Garcia,  White,  Wilcox  and  Yount. 

Mr.  Webster  asked  leave  of  absence  for  a  short  time  for 
Mr.  Cushman,  which  was  granted. 

Messrs.  Garcia,  Yount  and  Boyles  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Quillian  further  proceedings  under  the 
call  of  the  Convention  were  dispensed  with. 

The  question  before  the  Convention  then  being,  "Shall  the 
main  question  be  now  put?"  and  being  put,  it  was  decided  in 
the  negative.  Ayes,  10;  noes,  26. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Boyles,  Clark,  Ebert,  Lee,  Marsh, 
Meyer,  Quillian,  Rockwell,  Stone,  Thatcher. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Brom- 
well,  Beck,  Cushman,  Cooper,  Crosby,  Douglas,  Ellsworth, 
Elder,  Felton,  Garcia,  Hurd,  Hough,  Head,  James,  Kennedy, 
Plumb,  Pease,  Stover,  Vigil,  Wrebster,  Wells,  Wheeler,  Widder- 
field,  Yount,  Mr.  President. 

So  the  Convention  refused  to  order  the  main  question. 

After  some  debate  the  question  was  put,  Will  the  Con- 
vention concur  in  the  motion  of  Mr.  Thatcher  to  amend  Section 
4,  by  inserting  in  the  second  line  the  word  "either"  after  the 
word  "he"  and  also  inserting  after  the  word  "States"  the  words 
"or  have  declared  his  intention  to  become  such?"  and  was  de- 
cided in  the  negative.  Ayes,  14;  noes,  22. 


CONSTITUTIONAL   CONVENTION.  257 

The  ayes  ;in<l  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Cushman,  Clark.  Ebert,  Head,  James, 
Marsh.  Mever.  <jiiillian,  Koekwell.  Stone,  Thatcher,  Webster, 
Wells,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Bromwell,  Beck,  Cooper,  Crosby,  Douglas,  Ellsworth,  Elder, 
Felton,  Garcia,  Hurd,  Hough,  Kennedy,  Lee,  Plumb,  Pease, 
Stover,  Vigil,  Wheeler.  Widderfield,  Yount. 

So  the  Convention  refused  to  concur  in  +he  motion  of  Mr. 
Thatcher  to  amend  Section  4. 

Mr.  Berk  moved  to  amend  Section  4  by  adding  the  words, 
"Provided  that  at  the  first  election  under  the  Constitution  any 
person  who  was  a  qualified  elector  under  the  Territorial  laws 
shall  be  eligible  to  the  General  Assembly." 

And  the  question  being  on  the  motion  of  Mr.  Beck  to  amend 
Section  4,  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  26;  noes,  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Barela,  Beck,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Garcia,  Hurd, 
Hough,  James,  Lee,  Marsh,  Plumb,  Pease,  Rockwell,  Stover, 
Webster,  Wells,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Boyles,  Brom- 
well, Ebert,  Head,  Kennedy,  Meyer,  Quillian,  Stone,  Thatcher, 
Vijil. 

So  the  committee  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

Mr.  Stone  moved  to  amend  Section  4,  by  striking  out  of 
second  line  the  words  "citizen  of  the  United  States"  and  in- 
serting in  lieu  the  words  "qualified  elector."  And  the  ques- 
tion being  on  the  motion  of  Mr.  Stone  to  amend  Section  4,  and 
being  put,  it  was  decided  in  the  negative.  Ayes,  14;  noes,  22. 

And  the  ayes  and  noes  being  called  for,  those  voting  in 
the  affirmative  are:  Messrs.  Bromwell,  Cushman,  Clark,  Ells- 
worth, Ebert,  Head,  James,  Marsh,  Meyer,  Quillian,  Rockwell, 
Stone,  Thatcher,  Wells. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Beck,  Cooper,  Crosby,  Douglas,  Elder,  Felton,  Garcia,  Hurd, 
Hough,  Kennedy,  Lee,  Plumb,  Pease,  Stover,  Vigil,  Webster, 
Wheeler,  Widderfield,  Yount,  Mr.  President. 

So  the  President  refused  to  concur  in  the  amendment  to 
Section  4,  offered  by  Mr.  Stone. 

Mr.  Webster  moved  to  amend  Section  4,  by  inserting  in 
second  line  after  the  word  "within"  the  words  "the  State  twelve 
months  and  within,"  and  by  striking  out  in  the  third  line  the 
word  "twelve"  and  inserting  in  lieu  the  word  "three."  And 
the  question  being  upon  the  motion  of  Mr.  Webster  to  amend 


258  PROCEEDINGS    OF    THE 

Section  4,  and  being  put,  it  was  decided  in  the  negative.    Ayes, 
12;  noes,  22. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Bromwell,  Beck,  Cushman,  Clark,  Cros- 
by, Ellsworth,  Elder,  Ebert,  Head,  Marsh,  Rockwell,  Webster, 
Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Cooper,  Douglas,  Felton,  Garcia,  Hough,  James,  Kennedy,  Lee, 
Meyer,  Plumb,  Pease,  Quillian,  Stone,  Stover,  Thatcher,  Vijil, 
Wells,  Wheeler,  Widderfield,  Yount. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Webster  to  Section  4. 

Mr.  Hough  moved  the  adoption  of  Section  4,  as  reported  by 
the  Committee  of  the  Whole  as  amended,  which  was  agreed  to. 
So  the  Convention  adopted  Section  4,  as  reported  by  the  Com- 
mittee of  the  Whole,  as  amended. 

On  motion  of  Mr.  Plumb  the  Convention  adopted  Section  5, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Thatcher,  Section  G  was  recommitted  to 
the  Standing  Committee  on  Legislature  and  Legislation. 

Mr.  Thatcher  moved  to  amend  Section  7,  as  reported  by  the 
Committee  of  the  Whole,  by  striking  out  in  first  line  the  word 
"first"  and  inserting  in  lieu  the  word  "fourth,"  and  by  striking 
out  in  same  line  the  word  "January"  and  inserting  in  lieu  the 
word  "November,"  and  striking  out  the  figures  "1877"  in  the 
second  line  and  inserting  in  lieu  the  figures  "1876,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Thatcher. 

Mr.  Thatcher  moved  to  amend  Section  7,  as  reported  by 
the  Committee  of  the  Whole,  by  striking  out  the  word  "bien- 
nially" in  the  second  line  and  inserting  in  lieu  the  words  "at 
12  o'clock  noon  on  the  first  Wednesday  in  January  of  each  alter- 
nate year,"  which  was  also  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Thatcher 
to  amend  Section  7,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Thatcher  moved  to  amend  Section  7,  as  reported  by 
the  Committee  of  the  Whole,  by  striking  out  the  words  "first 
day  of  January"  in  the  third  line  and  inserting  in  lieu  the  words 
"fourth  Wednesday  of  November,"  and  also  by  adding  to  the 
section  the  words  "until  otherwise  provided  by  law,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Thatcher 
to  amend  Section  7,  as  reported  by  the  Committee  of  the  Whole. 

On  motion,  Section  7,  as  reported  by  the  Committee  of  the 
Whole,  as  amended,  was  adopted. 

On  motion,  Section  8,  as  reported  by  the  Committee  of  the 
Whole,  was  adopted. 


CONSTITUTIONAL   CONVENTION.  259 

<>M  motion.  Seriion  !»,  as  reported  l»v  the  Committee  of  the 
Whole,  was  adopted. 

On  motion,  Section  10,  as  reported  by  the  Committee  of  the 
Whole.  \\;is  adopted. 

On  motion,  Section  11,  as  reported  by  the  Committee  of  the 
Whole,  was  adopted. 

On  motion  of  Mr.  Wheeler,  Section  12,  as  reported  by  the 
Committee  of  the  Whole,  was  adopted. 

.Mr.  Kennedy  moved  to  amend  Section  13,  as  reported  by 
the  Committee  of  the  Whole,  by  striking  out  the  words  "yeas" 
and  "navs"  in  the  second  line  and  inserting  in  lieu  the  words 
"a \es"  and  "noes,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Kennedy 
to  amend  Section  13,  as  reported  by  the  Committee  of  the 
Whole. 

Mi.  Pease  moved  to  amend  Section  13,  as  reported  by  the 
Committee  of  the  Whole,  by  striking  out  all  after  the  word 
"proceedings"  in  the  first  line  up  to  and  including  the  word 
"secrecy"  in  the  second  line.  And  the  question  being  on  the 
motion  of  Mr.  Pease  to  strike  out,  and  being  put,  it  was  decided 
in  the  negative.  Ayes,  16;  noes,  19. 

The  ayes  and  noes  being  called,  those  voting  in  the  affirma- 
tive are:  Messrs.  Beck,  Crosby,  Elder,  Hurd,  Head,  Kennedy, 
Meyer,  Plumb,  Pease.  Quillian,  Rockwell,  Stone,  Stover, 
Wheeler,  Widderfield,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Bromwell,  Carr,  Cushman,  Clark,  Cooper,  Douglas,  Ellsworth, 
Ebert,  Felton,  Garcia,  Lee,  Marsh,  Thatcher,  Vijil,  Webster, 
Wells,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Pease. 

Mr.  Clark  moved  to  amend  Section  13,  as  reported  by  the 
Committee  of  the  Whole,  by  inserting  in  the  first  line  after  the 
word  "and"  the  word  "may." 

Mr.  Boyles  moved  to  amend  the  amendment  offered  by  Mr. 
Clark,  by  inserting  the  words  "may  in  its  discretion"  after  the 
word  "and"  in  the  first  line,  which  amendment  was  accepted  by 
Mr.  Clark.  And  the  question  being  on  the  motion  of  Mr.  Clark, 
as  amended  by  Mr.  Boyles,  to  amend  Section  13,  as  reported  by 
the  Committee  of  the  Whole,  and  being  put,  it  was  decided  in 
the  affirmative.  Ayes,  18;  noes,  17. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Beck,  Clark,  Crosby,  Elder,  Ebert> 
Head.  Kennedy,  Marsh,  Meyer,  Plumb,  Pease,  Quillian,  Rock- 
well. Stone,  Stover,  Wheeler,  Widderfield,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Boyles, 
Bromwell,  Carr,  Cushman,  Cooper,  Douglas,  Ellsworth,  Felton, 


260  PROCEEDINGS    OF    THE 

Garcia,  Hurd,  Lee,  Thatcher,  Vijil,  Webster,  Wells,  Mr.  Presi- 
dent. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Clark,  as  amended  by  Mr.  Boyles. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  Section 

13,  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  Section 

14,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Wheeler,  the  Convention  adopted  Section 

15,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  Section 

16,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Crosby  moved  to  adjourn  until  9  o'clock  A.  M.  to- 
morrow. And  the  question  being  on  the  motion  of  Mr.  Crosby 
to  adjourn,  and  being  put,  and  a  division  being  called,  it  was 
decided  in  the  affirmative.  Ayes,  18;  noes,  14. 

So  the  Convention  adojurned  until  9  o'clock  A.  M.  to- 
morrow. 


ro.NSTITITlnNAL    <  uNVKNTION.  261 


TIKSDAV,  FEBRUARY  8,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Boyles,  Felton,  Hough,  Quil- 
lian,  Stone  and  White. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Widderfield  moved  that  the  reading  of  so  much  of  the 
Journal  as  embraced  the  reports  of  the  Standing  Committees  on 
Forest  Culture,  Judiciary,  and  Officers  and  Oaths  of  Office  be 
dispensed  with,  which  was  agreed  to. 

The  reading  of  the  Journal  having  been  continued,  Mr. 
James  moved  to  dispense  with  the  further  reading  of  the  Jour- 
nal, which  was  not  agreed  to. 

The  remaining  portion  of  the  Journal  wras  then  read  and 
the  same  approved. 

Mr.  Stone  appeared  and  took  his  seat. 

Mr.  Garcia  presented  a  petition  of  286  citizens  of  Colorado, 
asking  that  no  clause  be  inserted  in  the  Constitution  prohibit- 
ing the  General  Assembly  from  passing  any  law  for  the  divi- 
sion of  the  school  funds,  and  on  his  own  motion  the  petition 
was  referred  to  the  Committee  on  Education  and  Educational 
Institutions. 

Mr.  Bromwell  presented  a  memorial  from  the  committee  of 
the  Colorado  Woman  Suffrage  Association,  asking  for  a  defini- 
tion of  woman's  place,  if  she  have  any,  in  the  Bill  of  Rights. 

Mr.  Widderfield  moved  that  the  memorial  be  referred  to 
the  Committee  of  the  Whole,  which  motion  was  not  agreed  to. 

Mr.  Bromwell  moved  that  the  memorial  be  referred  to  the 
Committee  on  Rights  of  Suffrage  and  Elections,  wrhich  was 
agreed  to. 

Mr.  Rockwell  asked  leave  of  absence  until  11  o'clock,  which 
wns  granted. 

Mr.  Thatcher  asked  leave  of  absence  for  Mr.  Wells  until 
11  o'clock,  which  was  granted. 

The  President  announced  as  the  next  business  in  order  the 
unfinished  business  of  yesterday,  which  was  the  consideration 
of  the  report  of  the  Committee  of  the  Whole  on  Legislation. 

Mr.  Beck  moved  the  adoption  of  Section  1  of  the  article  on 
legislation,  as  reported  by  the  Committee  of  the  Whole,  which 
was  agreed  to. 

So  the  Convention  adopted  Section  1,  as  reported  by  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  Section 
-.  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Wilcox  moved  to  amend  Section  3,  as  reported  by  the 
Committee  of  the  Whole,  by  striking  out  in  third  line  "two- 


262  PROCEEDINGS    OP    THE 

thirds"  and  inserting  in  lieu  the  words  "a  majority,"  which  was 
not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Wilcox. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section 

3,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Bromwell  moved  to  amend  Section  4,  as  reported  by 
the  Committee  of  the  Whole,  by  inserting  in  first  line  the 
words  "by  either  house"  after  the  word  "considered,"  and  also 
to  insert  in  same  line  after  the  word  "committee"  the  word 
"thereof."  And  the  question  being  upon  the  motion  of  Mr. 
Bromwell  to  amend  Section  4,  and  being  put,  and  a  division 
being  called,  it  was  decided  in  the  negative.  Ayes,  6;  noes,  14. 

So  the  Convention  refused  to  concur  in  the  amendment  to 
Section  4,  offered  by  Mr.  Bromwell. 

On  motion  of  Mr.  Wilcox,  the  Convention  adopted  Section 

4,  as  reported  by  the  Committee  of  the  Whole. 

Messrs.  Hough  and  Felton  appeared  and  took  their  seats. 
On  motion  of  Mr.  Wheeler,  the  Convention  adopted  Section 

5,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  Sec- 
tion 6,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 
7,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  Section 
7,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Beck  moved  the  adoption  of  Section  9,  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Marsh  moved  to  strike  out  Section  9,  as  reported  by 
the  Committee  of  the  Whole. 

Mr.  Beck  moved  the  previous  question.  And  the  question 
being,  "Shall  the  main  question  be  now  put?"  and  being  put, 
and  a  division  being  called,  it  was  ordered.  Ayes,  18;  noes,  13. 

And  under  the  operation  thereof,  the  question  being,  Will 
the  Convention  adopt  Section  9,  as  reported  by  the  Committee 
of  the  Whole?  And  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  28;  noes,  5. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Barela,  Bromwell,  Beck,  Carr,  Cush- 
man,  Clark,  Cooper,  Douglas,  Elder,  Ebert,  Felton,  Garcia, 
Hough,  James,  Kennedy,  Lee,  Meyer,  Plumb,  Pease,  Stone, 
Stover,  Thatcher,  Vigil,  Webster,  Wilcox,  Wheeler,  Yount,  Mr. 
President. 

Those  voting  in  the  negative  are  Messrs.  Ellsworth,  Head, 
Marsh,  Quillian  and  Widderfield. 

So  it  was  decided  in  the  affirmative.     Ayes  28;  noes,  5. 


CONSTITUTIONAL   CONVENTION.  263 

So  the  Convention  adopted   Sr.-iion  !),  as  reported  by  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

10,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  adopted  Section 

11,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

12,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

13,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

14,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

15,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  Section 

16,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  Section 

17,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  the  Convention  adopted  Section 

18,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

19,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section 

20,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  Section 

21,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  Section 

22,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  adopted  Section 

23,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  Section 

24,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  Section 

25,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  Section 

26,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

27,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

28,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Wilcox,  the  Convention  adopted  Section 

29,  as  reported  by  the  Committee  of  the  Wrhole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section 

30,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Quillian  moved  to  reconsider  the  vote  by  which  Section 
2  of  the  article  on  Legislature  was  adopted.    And  the  question 


264  PROCEEDINGS   OF   THE 

being  upon  the  motion  of  Mr.  Quillian  to  reconsider,  and  being 
put,  and  a  division  being  called,  it  was  decided  in  the  negative. 
Ayes,  9;  noes,  16. 

So  the  Convention  refused  to  reconsider  the  vote  by  which 
Section  2,  of  the  report  of  the  Committee  of  the  Whole,  was 
adopted. 

Mr.  Carr  moved  to  reconsider  the  vote  by  which  Section 
5,  of  the  article  on  Legislation,  as  reported  by  the  Committee 
of  the  Whole,  was  adopted,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Carr  to 
reconsider. 

Mr.  Carr  moved  to  amend  Section  5,  of  the  article  on  Legis- 
lation by  adding  thereto  the  words  "but  if  any  subject  shall  be 
embraced  in  an  act  which  shall  not  be  expressed  in  the  title, 
such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not 
be  so  expressed,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Carr. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  Section 
5,  of  the  article  on  Legislation,  as  reported  by  the  Committee  of 
the  Whole,  as  amended. 

On  motion  of  Mr.  Felton,  the  article  on  Legislature  and 
Legislation  as  adopted  by  the  Convention  was  laid  upon  the  table 
for  future  action  of  the  Convention. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Future  Amendments  as 
correctly  engrossed. 

On  motion  of  Mr.  Pease,  the  article  on  Future  Amendments 
was  referred  to  the  Committee  on  Revision  and  Adjustments. 

Mr.  Kennedy  asked  leave  of  absence  until  2  o'clock  this 
afternoon,  which  was  granted. 

Mr.  Yount,  of  the  Committee  on  Printing,  reported  back  the 
reports  of  the  Standing  Committees  on  Forest  Culture,  Judiciary, 
Miscellaneous  Subjects  and  Officers  and  Oath  of  Office,  as  cor- 
rectly printed. 

There  being  no  objection,  the  reports  were  received  and 
placed  on  file  by  the  Secretary. 

Mr.  Webster,  chairman  of  the  Committee  on  Rights  of  Suf- 
frage and  Elections,  presented  a  majority  report  of  that  com- 
mittee, as  follows : 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado. 

Gentlemen — The  majority  of  your  Committee  on  Rights  of 
Suffrage  and  Elections,  to  whom  was  referred  the  subject-matter 
relating  to  those  branches  of  the  Constitution ;  also,  sundry 
petitions  and  resolutions  relating  to  the  same  subject,  beg  leave 
to  state  that  they  have  had  the  same  under  consideration,  and 


CONSTITUTIONAL   CONVENTION.  265 

herewith  return  said  petitions  and  resolutions  to  the  Convention, 
and  submit  the  following  as  their  report,  ;ill  of  which  is  respect- 
fully submitted. 

W.  W.  WEBSTER, 
WM.  E.  BECK, 
WILBUR  F.   STONE. 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  person  over  the  age  of  twenty-one 
years  possessing  the  following  qualifications  shall  be  entitled  to 
vote  at  all  elections:  First,  he  shall  be  a  citizen  of  the  United 
States,  or  not  being  a -citizen  of  the  United  States,  he  shall  have 
d»M -lared  his  intention  to  become  such  citizen  according  to  law 
not  less  than  six  months  before  he  offers  to  vote;  second,  he 
shall  have  resided  in  the  State  six  months  immediately  preceding 
the  election  at  which  he  offers  to  vote,  and  in  the  county,  city; 
town,  ward  or  precinct,  such  time  as  may  be  prescribed  by  law^f 
Provided,  however,  That  in  all  elections  for  district  school  offi- 
cers and  in  voting  upon  all  questions  relating  to  public  schools 
within  such  district,  there  shall  be  no  distinction  on  account  of 
sex. 

Sec.  2.  The  General  Assembly  may,  at  any  time,  extend  by 
law  the  right  of  suffrage  to  persons  not  herein  enumerated,  but 
no  such  law  shall  take  effect  or  be  in  force  until  the  same  shall 
have  been  submitted  to  a  vote  of  the  people  at  a  general  election, 
and  approved  by  a  majority  of  all  the  votes  cast  for  and  against 
such  law. 

Sec.  3.  The  General  Assembly  may  prescribe  by  law  an 
educational  qualification  for  electors,  but  no  such  law  shall  take 
effect  or  be  in  force  prior  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety  (1890),  and  no  person  who  shall  be  a 
qualified  elector  prior  to  the  year  one  thousand  eight  hundred 
and  ninety  (1890)  shall  be  disqualified  by  virtue  of  such  law. 

Sec.  4.  For  the  purpose  of  voting  no  person  shall  be  deemed 
to  have  gained  a  residence  by  reason  of  his  presence,  or  lost  it 
by  reason  of  his  absence,  while  employed  in  the  service  either 
military  of  this  State  or  of  the  LTnited  States,  nor  while  a  student 
of  any  institution  of  learning,  nor  while  kept  in  any  poor  house 
or  other  asylum  at  public  expense,  nor  while  confined  in  public 
prison. 

Sec.  5.  Voters  shall  in  all  cases  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections  and  in  going  to  and  returning  therefrom. 

Sec.  6.  No  person  shall  be  elected  or  appointed  to  any  civil 
or  military  office  in  this  State  who  is  not  a  citizen  of  the  United 
States,  and  who  shall  not  have  resided  in  this  State  six  months 
next  preceding  his  election  or  appointment. 

Sec.  7.  The  general  election  of  all  officers,  except  as  herein 
otherwise  provided,  shall  be  held  on  the  first  Tuesday  of  Oc- 


266  PROCEEDINGS    OF    THE 

tober  in  the  years  of  our  Lord  one  thousand  eight  hundred  and 
seventy-six  (1876)  and  one  thousand  eight  hundred  and  seventy- 
eight  (1878),  and  thereafter  as  may  be  provided  by  law. 

Sec.  8.  All  elections  by  the  people  shall  be  by  ballot.  Every 
ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall  be 
received  and  the  number  recorded  by  the  election  officers  on  the 
list  of  voters  opposite  the  name  of  the  voter  who  presents  the 
ballot.  The  election  officers  shall  be  sworn  or  affirmed  not  to 
disclose  how  any  voter  shall  have  voted  unless  required  to  do  so 
as  a  witness  in  a  judicial  proceeding;  Provided,  That  in  all 
cases  of  contested  elections  the  ballots  cast  may  be  counted, 
compared  with  the  list  of  voters  and  examined  under  such  safe- 
guards and  regulations  as  may  be  prescribed  by  law. 

Sec.  9.  In  trials  of  contested  elections  and  for  offenses 
arising  under  the  election  law,  no  person  shall  be  permitted  to 
withhold  his  testimony  upon  the  ground  that  it  may  incriminate 
himself  or  subject  him  to  public  infamy,  but  such  testimony  shall 
not  afterward  be  used  against  him  in  any  judicial  proceedings 
except  for  perjury  in  giving  such  testimony. 

Sec.  10.  No  person  while  confined  in  any  public  prison  shall 
be  entitled  to  vote  at  any  election  under  the  laws  of  this  State, 
but  every  such  person  who  was  a  qualified  elector  prior  to  such 
imprisonment  and  who  is  released  therefrom  by  virtue  of  a  par- 
don or  by  virtue  of  having  served  out  his  full  term  of  confine- 
ment, shall,  without  further  action,  be  invested  with  all  the  rights 
of  citizenship. 

Sec.  11.  The  General  Assembly  shall  pass  laws  to  preserve 
the  purity  of  elections  and  guard  against  abuses  of  the  elective 
franchise. 

Sec.  12.  The  General  Assembly  shall  by  general  law  designate 
the  courts  and  judges  by  whom  the  several  classes  of  election 
contests  not  herein  provided  for  shall  be  tried  and  regulate  the 
manner  of  trial,  and  all  matters  incident  thereto,  but  no  such 
law  assigning  jurisdiction  or  regulating  its  exercise  shall  apply 
to  any  contest  arising  out  of  an  election  held  before  its  passage. 

MINORITY  REPORT. 

By  leave  of  the  Convention,  Mr.  Bromwell  presented  a 
minority  report  of  the  Committee  on  Rights  of  Suffrage  and 
Elections,  as  follows: 

Denver,  Colorado,  February  8,  1876. 

To  the  Honorable  President  of  the  Constitutional  Convention : 
The  undersigned,  a  minority  of  the  Committee  on  "Rights 

of  Suffrage  and  Election,"  respectfully  beg  leave  to  submit  to  the 

Convention  the  views  of  the  minority  of  said  Committee  upon  the 

subjects  submitted  to  them. 

This  minority  of  said  committee  respectfully  submit  that  the 

report  made  by  the  majority  of  said  committee  contains  one  pro- 


CONSTITUTIONAL   CONVENTION.  267 

vision  wlm-ii  <  ;m  not  be  reconciled  with  justice  and  equal  rights 
:mnmg  the  citizens  of  the  State. 

Said  provision  is  in  the  form  of  a  limitation  upon  the  right 
of  suffrage,  conferring  that  right  to  less  than  one-half  of  the 
citizens  of  the  State  over  the  age  of  twenty-one  years. 

The  undersigned  know  of  no  reason  why  any  portion  of  our 
citizens  should  be  disfranchised  except  in  case  of  crime,  and  even 
in  that  case  this  Convention  has  already  voted  to  remove  the 
badge  of  infamy  which  disfranchisement  inevitably  fixes,  from 
any  criminal  who  shall  serve  out  his  time  of  punishment.  This 
vote  of  itself  is  all  that  is  neded  to  stamp  the  proscription 
here  complained  of  as  a  provision  wholly  unwarrantable  and 
indefensible,  because  said  vote  was  and  is  based  on  the  recog- 
nized truth  that  among  a  body  or  community  who  stand  upon 
a  general  equality,  any  particular  distinction  by  way  of  depri- 
vation or  disqualification  applied  to  any  portion  of  such  com- 
munity operates,  in  spite  of  all  that  may  be  said  or  desired  to 
the  contrary,  as  a  badge  of  inferiority,  degradation  and  reproach, 
and  can  not  operate  otherwise.  And  it  is  only  because  it  does  so 
operate  that  there  is  any  foundation  for  the  sympathy  toward 
criminals  who  have  endured  the  penalties  of  the  law. 

This  Convention  only  reflects  the  sentiments  of  the  whole 
people  when  it  shows  such  sympathy  with  parties  deprived  of  the 
principal  and  real  badge  of  citizenship,  which  deprivation  places 
any  one  subject  to  the  same  in  a  position  of  perpetual  punish- 
ment after  the  demands  of  the  law  are  satisfied. 

But  the  deprivation  in  this  case  is  one  distinctly  at  war  with 
the  deliberate  act  of  this  Convention,  touching  the  most  solemn 
and  fundamental  article  of  the  Constitution  now  being  formed— 
the  bill  of  rights.  That  article  begins  as  follows: 

In  order  to  assert  our  rights,  acknowledge  our  duties  and 
proclaim  the  principles  upon  which  our  government  is  founded, 
we  declare,  etc. 

In  order  to  assert  our  rights — whose  rights? — manifestly  the 
rights  of  the  whole  people.  Acknowledge  our  duties — duties 
toward  whom  ? — clearly  toward  the  whole  people,  and  every  one  of 
them,  "and  proclaim  the  principles  upon  which  our  government 
is  founded,  we  declare,"  etc. 

On  what  principles  is  our  government  founded?  The  princi- 
ples following  in  the  bill  of  rights,  which  are  among  other  things 
these:  "That  all  government  of  right  originates  from  the  people." 
What  people?  The  whole  people  of  Colorado  who  are  of  years 
of  maturity.  To  prove  this  let  the  section  speak  further  for  itself 
in  these  words:  "Is  founded  upon  their  will  only,  and  is  insti- 
tuted for  the  good  of  the  whole."  Can  there  be  a  more  emphatic, 
complete  and  direct  denial  of  the  rights  of  one-half  the  people  to 
disfranchise  the  other?  Why,  according  to  the  bill  of  rights  the 
whole  people  have  no  right  to  disfranchise  any  part,  much  less 
can  those  do  so  who  are  not  even  a  majority.  And  if  any  ma- 


268  PROCEEDINGS    OF    THE 

jority  can  disfranchise  a  minority,  what  hinders  a  majority  of 
those  doing  so  from  disfranchising  a  part  of  them,  and  so  on 
down  until  but  one  is  left,  and  thereupon  he  in  fact  set  up  an 
autocratic  government,  and  proclaim  himself  the  sovereign.  And 
to  conform  to  the  bill — that  is,  his  bill — of  rights,  he  may  call 
himself  the  sovereign  people  from  whom  all  government  by  said 
bill  originates. 

But  the  .bill  goes  on  to  say :  "That  the  people  of  this  State 
have  the  sole  and  exclusive  right  of  governing  themselves."  What 
does  that  mean  ?  Why,  the  whole  people  have  this  right,  and  not 
any  part  only.  The  right  is  exclusive.  What  does  that  mean? 
Why,  that  it  excludes  the  right  of  any  one,  or  any  portion  of  the 
people  to  arrogate  to  himself  or  to  themselves  the  right  of  gov- 
erning. How  then  can  this  Convention  proclaim  that  bill  of 
rights  so  admirably  framed  to  set  forth  the  true  "principles"  of 
this  government,  and  yet  begin  at  the  very  next  step  by  declaring 
that  half  the  people  are  not  any  part  of  the  governing  power, 
whose  will  originates  all  government? 

But  aside  from  the  universally  recognized  principles  of  the 
Bill  of  Rights,  what  right  has  any  one  class  of  the  citizens  to  sit 
in  judgment,  or  [in]  allowing  to  others  the  exercise  of  their 
rights? 

Nobody  can,  and  we  believe,  no  one  does  deny  that  one 
citizen  has  just  as  much  right  as  another. 

This  proscription  then  is  an  actual  taking  away  or  prevent- 
ing of  the  exercise  of  the  very  first  right  possible  to  a  member  of 
the  commonwealth.  Therefore  the  minority  refuses  to  join  in 
said  report. 

But  aside  from  the  abstract  rights,  and  aside  from  contra- 
diction between  the  parts  of  this  organic  law,  the  practical  effort 
of  disfranchising  any  portion  of  the  citizens  of  a  republic  is  to 
create  a  sense  of  inferiority  on  their  part,  and  of  contempt  for 
them  on  the  part  of  the  favored  class. 

It  may  be  stated  as  a  rule  applicable  to  every  species  of 
republic  that  the  depriving  of  any  class  of  the  right  of  suffrage 
invites  contempt  of  that  class,  and  in  fact  produces  (it). 

Further,  in  a  republic,  the  right  of  suffrage  is  part  of  the 
means  of  welfare  of  any  person  or  class  of  persons.  Experience 
has  shown  abundantly  that  the  right  to  vote  is  concerned  with 
securing  food  and  raiment. 

No  man  who  has  examined  the  subject  doubts  that  the  en- 
franchisement of  the  colored  people  put  bread  and  butter  into 
the  mouths  of  their  children.  It  enabled  men  to  live  by  the  labor 
of  their  hands  who  before  were  pariahs  of  the  community, 
the  foot  balls  of  the  police  courts  and  officers,  and  the  last  who, 
could  secure  a  chance  to  earn  a  bone  or  crust  for  their  children. 
Their  enfranchisement  in  the  District  of  Columbia  added  thirty 
thousand  producing  and  thrifty  citizens  to  the  population.  The 
merchant  and  business  man  of  the  district  found  that  ten  dollars 


CONSTITUTIONAL   CONVENTION.  269 

paid  into  liis  till  l»v  a  Mark  man  was  as  good  as  any  ten  dollars 
he  could  get  hold  of.  The  people  all  found  they  had  been  enriched 
to  some  ex  lent,  and  nobody  hurt  by  the  enfranchisement  forced 
upon  the  district. 

How  is  it  with  woman?  In  the  city  of  New  York  alone 
more  than  forty  thousand  women  are  making  vests  and  shirts  at 
ten  cents  apiece,  toiling  with  bloody  fingers  and  weary  eyes  at 
late  hours  to  find  scanty  support  for  their  children. 

In  all  the  Union  there  are  doubtless  near  a  million  of  such 
cases.  They  represent  perhaps  three  millions  of  children.  There 
are  to-day  thousands  in  Colorado.  In  the  near  future  there  will 
be  ten  thousand.  Can  any  one  suppose  that  if  these  women  had 
the  right  to  vote  their  interests  would  not  be  looked  after  by  the 
politicians  of  all  classes?  The  favors  shown  by  the  politicians 
in  and  out  of  office,  to  the  lower  classes  of  men  because  they  are 
armed  with  the  ballot,  have  ameliorated  their  condition  in  every 
city  of  the  Union.  Can  any  one  doubt  the  same  result  would 
follow  in  any  other  case? 

This  minority  speaks  for  more  than  three  millions  of  children 
who  are  dependent  on  the  support,  of  their  mothers  or  sisters. 
The  attempt  to  keep  up  the  distinction  of  barbarous  ages  ij  a 
simple  abuse  of  power,  which  works  an  outrage  on  their  rights, 
and  all  for  what?  Simply  to  gratify  a  prejudice,  and  in  many 
cases,  a  conceit  of  self-superiority  always  found  in  men  in  the 
savage  state,  and  disappearing,  perhaps  more  slowly  than  any 
other  savage  characteristic,  as  civilization  advances. 

In  no  class  of  business  is  such  discrimination  allowed.  The 
stockholders  in  all  associations  vote.  Nobody  is  stupid  enough 
to  object  that  they  are  women.  The  members  of  every  society, 
male  and  female,  vote.  Nobody  thinks  of  setting  up  a  distinction 
so  ill-mannered  and  out  of  character  as  to  put  a  question  to  one 
class  of  the  members  present.  But  in  the  government  of  the  com- 
monwealth, which  is  primary  to  all  governments  of  corporations 
or  societies  within  its  sphere,  we  go  on  refusing  the  exercise  of  the 
plainest  and  most  fundamental  right  to  half  the  people. 

All  the  arguments — if  sneering  and  cracking  jokes  are  to  be 
called  arguments — brought  against  the  exercise  of  universal 
suffrage  are  the  very  same  used  by  the  favored  class  one  hundred 
years  ago  against  the  right  of  just  such  men  as  now  compose  this 
Convention. 

Then  was  heard  the  cry  that  in  order  to  vote  a  man  must  be 
identified  with  the  government  by  something  of  great  value,  to 
preserve  to  himself  and  family.  Primogeniture  and  entailment, 
and  other  means  of  forming  a  family  distinction  and  perpetuity, 
all  conspired  to  accumulate  power  in  the  hands  of  a  favored  few. 
We  have  torn  all  those  badges  of  kingcraft  and  aristocracy  to 
shreds,  dignified  labor,  established  freedom,  and  in  part  emanci- 
pated humanity.  But  here  we  stopped  half  way,  as  if  some 
magic  worked  a  spell  on  us.  We  stand  dazzled  like  the  buck  in 


270  PROCEEDINGS    OF    THE 

» 

the  glare  of  the  night  hunter's  torch,  and  fail  to  look  at  or  per- 
ceive what  is  behind  the  prejudice  which  disables  our  intellectual 
eyes. 

All  the  arguments  based  on  superiority  are  false  in  two 
respects:  First  it  makes  no  difference  who  is  superior.  We  do 
not  classify  our  present  voters  in  that  way;  the  most  inferior 
clown  in  the  whole  country  is  protected  in  his  vote  because  it  is 
his  right.  He  is  a  shareholder  in  the  government;  the  uncon- 
victed  thief  votes  without  hindrance.  Secondly,  it  is  false  that 
woman  is  inferior  to  man.  Any  such  assumption  is  false  on  its 
face  and  falsified  by  all  history.  The  capacity  of  woman  to 
govern  has  been  shown.  There  is  hardly  a  kingdom  or  empire, 
excepting  those  where  the  Salic  law  has  prevailed,  which  does  not 
point  to  a  reign  wrhen  the  scepter  was  held  by  a  woman,  as  the 
most  illustrious  period  of  its  history,  either  in  war  or  in  peace. 
It  stands  undisputed,  and  to-day  it  is  found  throughout  the  land, 
that  the  best  governors  in  the  school  room  are  those  normal 
governors  of  our  infancy  and  youth — women. 

The  truth  is  we  are  a  human  race;  part  of  us  are  men,  part 
of  us  are  women — both  equal — each  superior  and  each  inferior. 
Each  is  part  and  parcel  of  the  same  humanity.  If  either  is  to 
tread  on  the  other  why  must  woman  be  the  victim  ?  Have  we  not 
had  enough  of  the  absurd,  outrageous  and  silly  laws  of  the  past 
centuries  concerning  the  rights  of  married  women? — laws  ad- 
hered to  for  generations  after  all  legislators  and  jurists  were 
ashamed  of  them,  and  then  only  set  aside  by  piecemeal  after  the 
continuation  of  injustice  and  fraud  growing  out  of  them  had  been 
endured  beyond  anything  tolerated  in  other  cases. 

The  question  involves  the  welfare  of  all.  Other  nations  are 
passing  us  now  in  this  respect.  England  will  yet  beat  the 
United  States  to  the  goal  of  universal  suffrage.  She  has  advanced 
beyond  us  in  that  direction  as  she  has  in  law  reforms.  Unless  we 
change  our  action  we  will  be  behind  all  the  monarchies  of  Europe 
in  one  generation  more.  Taxation  without  representation  is 
being  put  aside  in  all  countries.  We  hold  on  to  it  against  our 
women  as  England  held  on  to  it  against  the  colonies  in  1775. 
To-day  they  grade  streets  in  the  city  of  Denver  and  elsewhere, 
charge  the  expenses  to  the  property -holders  in  cases  where  half  are 
women,  and  shut  their  mouths  at  the  polls,  while  they  commission 
the  tax  collector  to  levy  upon  and  sell  their  homes  to  pay  for 
jobs  often  put  up  to  give  contracts  to  some  ward  politician. 

The  whole  thing  is  a  shame  and  reproach  to  our  civilization, 
and  in  a  few  years  will  be  looked  back  upon  with  as  much  aston- 
ishment as  we  now  look  back  upon  the  hunting  of  slaves  by  blood 
hounds  in  the  South  and  the  laws  for  imprisoning  and  selling 
colored  men  in  the  North. 

The  argument  that  many  women  would  not  vote  if  they  had 
a  chance  answers  nothing.  There  are  thousands  who  will  vote 
and  who  petition  for  the  opportunity.  What  is  it  the  business 


CONSTITUTIONAL    CONVENTION.  271 

[what  business  is  it]  of  other  people,  men  or  women,  that  those 
should  vote  who  desire  so  to  do? 

In  i his  < 'oiivrniinn  such  has  been  the  solicitude  to  provide 
f:u -Hit it's  for  men  to  vote  that  we  have  changed  the  day  of  elec- 
tion from  November  to  October,  in  order  to  prevent  the  men  of 
certain  mining  districts  from  being  disfranchised  by  snows  and 
storms.  Yet  here  on  the  table  are  petitions  of  hundreds  of  women 
to  be  allowed  to  vote,  and  we  coolly  fling  the  request  aside  as 
though  it  came  from  the  Cheyenne  Indians,  and  tell  ten  thousand 
and  more  of  the  citizens  of  this  Territory  that  the  lords  and 
masters  of  suffrage  in  this  new  State  one  hundred  years  after 
the  Declaration  of  Independence,  hold  all  which  that  insru- 
ment  contains  like  our  bill  of  rights,  to  be  but  an  amplification 
of  our  own  superiority  compared  with  theirs — that  the  march  of 
civilization  differs  nothing  from  the  single  file  of  the  Ute  chief 
with  his  feathers  and  old  brass  and  paint,  while  his  squaw  lugs 
the  burden,  trudging  helplessly  and  hopelessly  behind,  the  slave 
of  a  savage. 

But  we  propose  one  step — that  is  to  allow  women  to  vote 
at  school  elections.  If  this  is  done  in  good  faith  it  is  a  confession 
of  judgment  against  us  that  we  are  in  the  wrong.  Though  ;t  is 
right  as  far  as  it  goes,  it  is  not  a  magnanimous  movement ;  for  it 
appears  to  recognize  a  right  without  the  determination  to 
establish  it.  It  looks  as  if  the  darling  conceit  of  superiority 
could  not  bear  to  do  without  some  badge  of  distinction  to  make 
believe  we  are  still  able  to  keep  something  beneath  us.  This  may 
be  a  great  consolation  to  certain  minds.  We  must  expect  them 
to  wrestle  forever  with  any  principle  which  would  operate  to 
leave  nobody  below  them  in  the  social  or  political  scale. 

The  true  office  of  the  judge  is  to  discern  justice  by  the  law. 
The  true  office  of  the  law-giver  is  to  make  the  law  the  exponent 
of  justice. 

In  order  that  this  be  done  the  undersigned  respectfully  sub- 
mit that  one  article  be  adopted  the  same  in  all  respects  as  that 
reported  by  this  committee,  save  that  the  one  word  "male"  in  the 
first  section  be  stricken  out,  to  follow  that  other  word  "white," 
lately  expunged  from  thirty-seven  Constitutions  to  the  same 
charnel  house  of  ancient  abuses,  and  that  the  organic  law  so  per- 
fected, be  adopted  as  the  foundation  of  government  in  the  Cen- 
tennial State.  The  [Thus]  the  body  of  our  Constitution  will  con- 
form to  its  first  principles — which  would  otherwise  thunder  in 
the  index — in  the  bill  of  rights  to  mock  the  impotence  of  its  sub- 
sequent provisions. 

Respectfully  submitted, 

H.   P.  H.   BROMWELL, 
AGIPETA  VIGIL. 

Mr.  Rockwell  moved  that  both  the  majority  and  minority 
reports  of  the  Committee  on  Rights  of  Suffrage  and  Elections 


272  PROCEEDINGS    OF    THE 

be  received,  ordered  printed  and  laid  upon  the  table  for  future 
consideration. 

Mr.  Widderfield  asked  for  a  division  of  the  question,  and  the 
question  being  on  the  motion  to  print  the  majority  report,  and 
being  put,  it  was  decided  in  the  affirmative.  And  the  question 
recurring  on  the  motion  to  print  the  minority  report,  and  being 
put,  it  was  decided  in  the  affirmative.  So  the  Convention  con- 
curred in  the  motion  of  Mr.  Rockwell  to  print  both  the  majority 
and  minority  reports. 

Mr.  Cushman  moved  that  500  copies  of  both  the  majority  and 
the  minority  reports  be  ordered  printed. 

Mr.  Yount  moved  to  amend  the  motion  of  Mr.  Cusliinan  by 
striking  out  "500"  and  inserting  in  lieu  "1,000,"  which  amend- 
ment was  accepted  by  Mr.  Cushman,  and  the  question  being 
upon  the  motion  of  Mr.  Cushman,  as  amended  by  Mr.  Yount,  that 
1,000  copies  of  both  the  majority  and  the  minority  reports  be 
ordered  printed,  and  being  put,  it  was  decided  in  the  negative. 
Ayes,  16;  noes,  20.  And  the  ayes  and  noes  being  called  for,  those 
voting  in  the  affirmative  are — Messrs  Barela,  Bromwell,  Carr, 
Cushman,  Clark,  Cooper,  Crosby,  Ebert,  Garcia,  Hurd,  Marsh, 
Plumb,  Rockwell,  Vigil,  Webster,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Beck,  Douglas, 
Ellsworth,  Elder,  Felton,  Head,  Hough,  James,  Lee,  Meyer,  Pease, 
Quillian,  Stone,  Stover,  Thatcher,  Mills,  Wilcox,  Wheeler,  Wid- 
derfield and  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Cushman,  as  amended  by  Mr.  Yount,  that  1,000  copies  of  the 
minority  report  be  ordered  printed. 

Mr.  Stover  moved  that  500  copies  of  the  minority  report  be 
ordered  printed. 

Mr.  Wilcox  moved  as  an  amendment  that  150  copies  each  of 
the  majority  and  the  minority  reports  be  ordered  printed. 

Mr.  Stone  moved  that  both  the  motion  of  Mr.  Stover  and  the 
amendment  thereto,  offered  by  Mr.  Wilcox,  be  laid  upon  the  table. 

And  the  question  being  on  the  motion  of  Mr.  Stone  to  lay 
upon  the  table,  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  29;  noes,  7. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs,  Bromwell,  Beck,  Carr,  Cushman,  Clark, 
Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Garcia, 
Hurd,  Hough,  James,  Lee,  Marsh,  Meyer,  Plumb,  Pease,  Quillian, 
Stone,  Thatcher,  Vigil,  Webster,  Wells,  Widderfield,  Mr.  Presi- 
dent. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Head, 
Rockwell,  Stover,  Wilcox,  Wheeler  and  Yount. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Stone 
to  lay  upon  the  table. 


CONSTITUTIONAL   CONVENTION.  273 

Mr.  IJpomwell.  chairman  of  the  Committee  on  State,  County 
an<l  Municipal  Indebtedness,  presented  a  report  of  that  com- 
mittee, as  follows: 

Denver,  Colo.,  February  8,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado. 

(Miiilcmen — Your  Committee  on  State,  County  and  Munic- 
ipal Indebtedness,  to  whom  was  [were]  recommitted  sections  2, 
6,  7,  8  and  9  of  their  former  report,  together  with  certain  amend- 
ments adopted  thereto  by  the  Committee  of  the  Whole,  report  the 
same  back  with  said  amendments  and  certain  other  amendments, 
and  also  a  section  to  be  numbered  section  3  of  said  article,  and 
they  recommend  that  said  amendments  and  said  additional  sec- 
tion be  adopted,  and  that  the  numbering  of  said  sections  be 
changed  accordingly.  All  of  which  is  respectfully  submitted. 

H.  P.  H.  BROMWELL, 
A.  R.  YOUNT, 
W.  H.  CUSHMAN, 
R.  DOUGLAS, 

Committee. 

Sec.  2.  Neither  the  State  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  become  a  subscriber  to  or  stockholder 
or  shareholder  in  any  corporation,  joint  stock  company  or  associa- 
tion or  a  joint  owner  with  any  person,  association  or  corporation 
or  any  .municipality  whatever,  in  or  out  of  this  State,  except  as 
to  such  ownership  as  may  accrue  to  the  State  by  escheat  or  by 
forfeiture  of  franchise  or  property,  by  operation  or  provision  of 
law,  except  as  to  such  ownership  as  may  accrue  to  the  State 
or  to  any  county,  city,  town,  township  or  school  district,  or  to 
either  or  any  of  them  jointly,  with  any  or  either  of  them,  or  with 
any  person  or  persons,  association  or  corporation  by  forfeiture 
of  real  estate  for  non-payment  of  taxes  or  by  donation  or  devise, 
for  public  use,  or  by  purchase  by  or  on  behalf  of  the  State  or  any 
county,  city,  town,  township  or  school  district,  or  any  or  either 
of  them  jointly  with  any  or  either  of  them,  under  execution  in 
cases  of  fines,  penalties  or  forfeiture  of  bail,  recognizance,  official 
bond  or  bonds  to  secure  public  moneys  or  the  performance  of 
contracts  in  which  they  or  any  or  either  of  them  may  be  jointly 
or  severally  interested. 

Sec.  3.  No  appropriation  shall  be  made,  nor  any  expendi- 
ture authorized  by  the  General  Assembly,  nor  by  any  board  of 
county  commissioners,  nor  by  the  city  council,  board  of  aldermen, 
trustees  or  selectmen  of  any  city  or  town  or  township,  nor  by 
the  directors  of  any  school  district,  whereby  the  expenditure  of 
the  State  or  of  such  county,  city,  town,  township  or  school  dis- 
trict, as  the  case  may  be,  for  and  during  the  then  next  ensuing 
fiscal  year,  shall  be  incurred  beyond  an  amount  equal  to  the  total 
tax  then  levied  and  available  for  such  appropriation  or  expendi- 
ture, unless  the  law,  ordinance  or  order,  as  the  case  may  be, 


274  PROCEEDINGS    OF    THE 

making  such  appropriation  or  authorizing  such  expenditure  pro- 
vide for  the  levying  of  such  tax  allowed  by  law  as  will  raise 
sufficient  funds  to  pay  such  increased  amount  of  appropriation 
or  expenditure,  allowing  for  estimated  delinquencies  within  such 
next  ensuing  fiscal  year,  but  no  such  appropriation  or  expendi- 
ture shall  in  any  case  exceed  an  amount  equal  to  ten  per  cent, 
of  the  tax  then  levied  and  available  as  aforesaid. 

Sec.  7.  No  county  shall  contract  any  debt  by  bond  or  other 
evidence  of  indebtedness  except  for  the  purpose  of  erecting 
necessary  public  buildings,  making  or  repairing  of  public  roads 
and  bridges  and  for  supplying  each  county  or  township  with 
water  for  public  use.  And  such  indebtedness  contracted  during 
any  one  year  by  any  county  shall  not  exceed  the  rates  following, 
to-wit:  Counties  in  which  the  assessed  valuation  of  property 
subject  to  taxation  shall  exceed  ten  millions  of  dollars,  one  mill 
on  each  dollar  thereof.  Counties  in  which  such  valuation  shall 
be  more  than  five  millions  and  not  more  than  ten  millions  of  dol- 
lars, two  mills  on  each  dollar  thereof.  Counties  in  which  such 
valuation  shall  be  more  than  three  millions  but  not  more  than 
five  millions  of  dollars,  three  mills  on  each  dollar  thereof. 
Counties  in  which  such  valuation  shall  be  more  than  one  million 
but  not  more  than  three  millions  of  dollars,  five  mills  on  each 
dollar  thereof,  and  in  counties  in  which  such  valuation  shall  be 
less  than  one  million  of  dollars,  -  -  cents  on  each  dollar  thereof. 
And  the  aggregate  amount  of  such  indebtedness  contracted  by 
any  county,  inclusive  of  all  unfunded  or  floating  indebtedness 
thereof,  hereafter  created  and  then  existing,  shall  not  at  any 
time  exceed  twice  the  amount  above  limited  in  the  case  of  such 
county,  unless  when  in  manner  provided  by  law  fixing  the  rate  of 
interest  thereon  and  providing  for  the  levying  of  a  tax  not  ex- 
ceeding -  -  mills  on  each  dollar  of  said  valuation  sufficient  to 
pay  the  interest  on  and  extinguish  the  principal  of  such  debt 
within  fifteen  and  not  less  than  ten  years  from  the  creation 
thereof.  The  question  of  incurring  such  debt  shall  be  submitted 
to  the  qualified  electors  of  such  county  and  of  those 

voting  thereon  shall  vote  in  favor  of  incurring  such  debt. 

Sec.  8.  No  school  district  shall  contract  any  debt  by  loan 
in  any  form  except  for  the  purpose  of  erecting  and  furnishing 
suitable  school  buildings  for  such  district  (or)  purchasing  suit- 
able grounds  therefor,  unless  upon  a  proposition  for  that  purpose 
submitted  as  may  be  provided  by  law  to  the  votes  of  the  qualified 
electors  of  such  district,  who  shall  be  taxpayers  therein.  A 
majority  of  those  voting  thereon  shall  vote  in  favor  of  incurring 
such  debt. 

Sec.  9.  No  city  or  town  shall  contract  any  debt  by  loan  in 
any  form,  except  by  means  of  an  ordinance  first  legally  adopted, 
and  which  shall  be  irrepealable  until  the  indebtedness  thereon 
shall  have  been  fully  paid  and  discharged,  specifying  the  pur- 
poses to  which  the  funds  so  to  be  raised  thereby  shall  be  applied, 
and  providing  for  the  levying  of  such  tax,  not  exceeding  twelve 


CONSTITUTIONAL   CONVENTION.  275 

(12)  mills  on  each  dollar  of  v;ilu:iiiou  of  property  subject  to  tax- 
ation by  such  city  or  town  MS  will  be  sufficient  to  pay  the  annual 
interest  and  extinguish  the  principal  of  such  debt  within  fifteen 
but  not  less  than  ten  years  from  the  creation  thereof.  And  the 
funds  arising  from  the  collection  of  such  tax  shall  be  applied  to 
the  purposes  in  such  ordinance  specified  and  to  no  other  until 
the  indebtedness  in  such  ordinance  provided  for  shall  be  paid 
and  discharged.  But  no  such  debt  shall  be  created  unless  the 
question  of  incurring  the  same  shall  be  submitted  to  the  vote  of 
the  qualified  electors  of  such  city  or  town  at  a  regular  election 
for  the  election  of  councilman,  alderman  or  officers  thereof,  and 
two-thirds  of  the  said  electors  voting  at  said  election,  by  ballot 
deposited  in  a  separate  ballot  box,  in  manner  to  be  provided  by 
law,  shall  vote  in  favor  of  creating  such  debt,  but  the  aggregate 
amount  of  debt  so  created  shall  not  at  any  time  exceed  a  sum 
equal  to  three  per  cent,  of  the  valuation  last  aforesaid.  Debts 
contracted  for  the  purpose  of  procuring  supplies  of  water  for 
such  city  or  town  are  excepted  from  the  operation  of  this  section. 
The  valuation  in  this  section  mentioned  shall  be  in  all  cases  that 
of  the  assessment  next  preceding  the  last  assessment  before  the 
adoption  of  such  ordinance. 

Sec.  10.  Nothing  contained  in  this  article  shall  impair  the 
obligation  of  any  debt  heretofore  contracted  by  any  county,  city, 
town  or  school  district,  in  accordance  with  the  laws  of  Colorado 
Territory,  or  prevent  the  contracting  of  any  debt  or  the  issuing 
of  bonds  therefor  in  accordance  with  said  laws  upon  any  propo- 
sition for  that  purpose,  which  may  have  been  according  to  said 
laws  submitted  to  the  vote  of  the  qualified  electors  of  any  county, 
city,  town  or  school  district  before  the  day  of  this  Constitution 
going  into  effect. 

On  motion  of  Mr.  Webster,  the,  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

The  President  announced  the  next  order  of  business  to  be 
the  special  order  of  this  day  for  consideration  of  the  report  of 
the  Committee  on  Mines  and  Mining. 

Mr.  James  moved  that  the  Convention  adjourn  till  two  o'clock 
p.  m.,  which  was  agreed  to. 

So  the  Convention  adjourned  until  2  o'clock  p.  m. 


TWO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Boyles,  Cushman,  Hurd  and 
White. 

Mr.  Lee  asked  leave  of  absence  for  Mr.  Boyles  until  to- 
morrow, which  was  granted. 

Mr.  Kennedy  asked  leave  of  absence  for  Mr.  Cushman  for 
one  hour,  which  was  granted. 


276  PROCEEDINGS    OF    THE 

Mr.  Pease  asked  leave  of  absence  for  Mr.  White  for  this 
day,  which  was  granted. 

Mr.  Yount  asked  leave  of  absence  for  one  hour,  which  was 
granted. 

Messrs.  Hurd,  Boyles  and  Cushman  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Carr,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Committee 
on  Mines  and  Mining,  Mr.  Quillian  in  the  chair,  and  after  some 
time  spent  therein  the  President  resumed  the  chair  and  Mr. 
Quillian  reported  that  the  Committee  of  the  Whole  Convention, 
to  whom  was  referred  the  report  of  the  Committee  on  Mines  and 
Mining,  having,  according  to  order,  had  under  consideration  said 
report,  had  made  some  progress  therein,  and  asked  leave  to  sit 
again  after  the  regular  order  of  business  to-morrow. 

On  motion  of  Mr.  Kennedy,  the  report  was  received  and 
leave  granted. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
9  o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL   CONVENTION.  277 


WEDNESDAY,  FEBRUARY  9,  1876,  9  O'CLOCK.  A.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Hough,  Stone, 
White  and  Yount. 

Mr.  Widderfield  asked  leave  of  absence  for  Mr.  Hough  on 
account  of  sickness  in  his  family,  which  was  granted. 

The  Journal  having  been  partially  read,  on  motion  of  Mr. 
Widderfield,  the  further  reading  of  the  Journal  was  dispensed 
with. 

Messrs.  White  and  Yount  appeared  and  took  their  seats. 

Mr.  Beck  presented  the  following  petition  and  addenda,  and 
on  his  own  motion  they  were  ordered  spread  upon  the  Journal, 
omitting  the  names: 

To  the  Honorable  Constitutional  Convention  of  Colorado: 

We,  the  undersigned  citizens  of  the  United  States  and  resi- 
dents of  Colorado,  firm  in  the  belief  that  free,  non-sectarian  com- 
mon schools  are  essential  to  the  life  and  perpetuity  of  our  form 
of  government,  and  constitute  the  only  security  for  a  free,  un- 
trammeled  ballot;  and  believing  it  better  that  such  questions  be 
settled  at  once  and  permanently,  so  that  designing  and  corrupt 
politicians  may  not  continually  distract  the  attention  and  im- 
pose upon  the  minds  of  our  people,  do  hereby  most  earnestly  and 
respectfully  petition  your  honorable  body:  First,  to  make  ample 
provision  for  the  support  of  free  common  schools.  Second :  To 
compel  parents  or  guardians  to  educate  their  children.  Third : 
To  guard  well  the  public  school  land,  guarding  against  hasty 
sales  that  greater  results  may  be  obtained  for  the  school  fund; 
and  Fourth :  To  now  and  forever  settle  the  question  of  a  non- 
sectarian  character  and  non-division  of  the  sacred  school  fund, 
thus  taking  the  question  out  of  our  politics  entirely.  This  we 
will  ever  pray. 

Boulder,  Colorado,  February  7,  187C. 

(Signed)     O.  F.  A.  GREENE, 
And  one  hundred  and  thirty-five  others. 

We,  the  undersigned,  fully  endorse  the  foregoing  petition, 
with  the  understanding  that  non-sectarian  implies  the  exclusion 
of  the  reading  of  any  Bible  and  all  religious  training  and  exer- 
cises from  the  public  schools. 

(Signed)     J.  H.  DECKER, 

And  forty  others. 

Mr.  Ellsworth  presented  the  following  petition,  and  on  his 
own  motion  it  was  ordered  spread  on  the  Journal,  omitting  the 
names,  and  referred  to  Committee  on  Education : 


278  PROCEEDINGS    OF    THE 

To  the  Honorable  the  Constitutional  Convention  of  Colorado: 

The  undersigned  respectfully  represent  to  your  honorable 
body  that  they  are  citizens  of  Colorado,  and  are  not  members  of 
the  Protestant  Church;  that  they  sincerely  desire  the  speedy 
admission  of  this  Territory  into  the  Union,  and  fear  such  ad- 
mission will  be  endangered  or  delayed  to  the  great  prejudice  of 
common  interests  should  the  Constitution  not  contain  a  pro- 
vision sacredly  and  forever  guarding  the  common  school  fund 
from  appropriation  to  any  sect  or  sects  of  religious  denomina- 
tions; they  believe  that  sections  7  and  8,  as  reported  by  the  Com- 
mittee on  Education,  contain  all  that  justice  and  honor  dictate, 
and  that  wrong  will  be  done  to  no  one  and  equal  rights  secured 
to  all  by  the  adoption  of  those  sections. 

(Signed)     P.  GOTTESLEBEN, 

And  one  hundred  others. 

On  motion  of  Mr.  Beck,  the  petition  and  addenda  presented 
by  him  to  the  Convention  were  referred  to  the  Committee  on 
Education  and  Educational  Institutions. 

Mr.  Barela  appeared  and  took  his  seat. 

Mr.  Widderfield  moved  that  the  Convention  resolve  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Corn- 
on  Mines  and  Mining,  which  was  agreed  to. 

Mr.  James  moved  to  reconsider  the  vote  by  which  the  Con- 
vention refused  to  resolve  into  Committee  of  the  Whole,  which 
was  agreed  to. 

On  motion  of  Mr.  Wedderfleld,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Mines  and  Mining,  Mr.  Quillian  in  the  chair, 
and  after  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  Quillian  submitted  the  following  report : 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Mines  and  Mining,  having,  according  to  order,  had  under  con- 
sideration said  report,  have  directed  me  to  report  back  to  the 
Convention  sections  1,  2,  3,  4,  5,  6  and  8  with  sundry  amendments 
thereto,  and  ask  the  concurrence  of  the  Convention  in  the  words 
following,  viz. : 

MINES  AND  MINING. 

Section  1.  There  shall  be  established  and  maintained  the 
office  of  Commissioner  of  Mines,  whose  duties  shall  be  prescribed 
by  the  General  Assembly. 

Sec.  2.  The  Governor  shall,  with  the  advice  and  consent  of 
the  Senate,  appoint  a  person  who  is  known  to  be  competent  for 
Commissioner  of  Mines,  who  shall  hold  his  office  for  the  term  of 
four  years  unless  sooner  removed  by  the  Governor  for  cause. 


CONSTITUTIONAL   CON  \  i:\TION.  279 

Sec.  3.  The  General  Assembly  shall  fix  the  salary  of  the 
Commissioner  of  Mines  and  prescribe  the  time  and  manner  in 
which  he  shall  make  his  report,  and  provide  generally  for  the 
wants  of  that  office. 

Sec.  4.  The  General  Assembly  shall  pass  such  laws  as  may 
be  necessary  for  the  protection  of  operative  miners  by  providing 
for  proper  ventilation  of  mines  whenever  the  same  may  be  re- 
quired, as  well  as  for  the  construction  of  escapement  shafts  or 
other  such  appliances  as  may  be  necessary  to  secure  safety  to 
the  workmen  in  a  mine. 

Sec.  5.  The  General  Assembly  shall  provide  by  law  for 
such  appliances  and  regulations  in  mines  as  may  be  necessary  to 
protect  the  health  of  the  operatives,  and  prohibit  the  employment 
of  children  in  the  mines  under  twelve  years  of  age. 

Sec.  6.  The  General  Assembly  may  make  such  regulations 
from  time  to  time  as  may  be  necessary  for  the  proper  and  equi- 
table drainage  of  mines. 

Sec.  8.  The  General  Assembly  may  provide  that  the  science 
of  mining  and  metallurgy  be  taught  in  one  or  more  of  the  insti-- 
tutions  of  learning  under  the  patronage  of  the  State. 

The  Committee  of  the  Whole  have  further  directed  me  to 
recommend  that  section  7  of  the  report  be  recommitted  to  the 
Committee  on  Mines  and  Mining. 

Sec.  7.  The  General  Assembly  shall  provide  by  law  for  an 
equitable  assessment  of  benefits  in  favor  of  mine  owners  and 
operators,  whenever  by  works  and  expenditures  in  mines  by 
draining,  tunnelling  or  otherwise,  they  produce  results  which 
enure  directly  or  indirectly  to  the  benefit  or  advantage  of  any 
contiguous  or  adjoining  mine  or  mines,  and  whether  any  one 
is  benefited  by  such  draining,  tunnelling  or  otherwise,  shall  be  a 
question  of  fact  to  be  determined  by  a  jury. 

The  Committee  of  the  Whole  further  recommend  that  sec- 
tions 9,  10  and  11,  with  amendments  thereto,  be  laid  upon  the 
time  of  making  the  assessment  has  not  produced  an  amount  of 
table  and  considered  when  the  report  of  the  Committee  on 
Revenue  and  Finance  is  before  the  Convention. 

Sec.  9.  No  tax  shall  be  imposed  on  any  mining  claim  or 
possessory  right  thereto  which,  during  the  year  preceding  the 
ore  sufficient  to  pay  the  expenses  of  mining  for  that  year. 

Sec.  10.  All  mineral-bearing  veins,  the  title  to  which  is 
vested  by  fee  in  the  claimant,  shall  be  assessable  for  general  pur- 
poses of  taxation  upon  the  net  product  of  the  mine  for  the  year 
in  which  such  assessment  is  made.  Said  tax  shall  be  assessed 
and  collected  as  all  other  taxes. 

Sec.  11.  The  ground  for  which  a  receiver's  certificate  of 
entry  has  been  issued  and  the  improvements  thereon  situate,  shall 
pay  a  tax  in  proportion  to  their  cash  valuation  without  regard 
to  the  value  of  the  mineral  vein  or  veins. 


280  PROCEEDINGS    OF    THE 

Substitute  offered  by  Mr.  Marsh  for  section  9 : 

Sec.  9.  No  tax  shall  be  imposed  on  any  mine  or  possessory 
right  thereto  except  the  improvements  thereon  and  the  net  pro- 
ceeds thereof  when  the  title  thereto  remains  in  the  government  of 
the  United  States. 

The  Committee  of  the  Whole  further  recommend  that  sec- 
tion 12  be  referred  to  the  Committee  on  Judiciary. 

Sec.  12.  The  General  Assembly  may  provide  by  law  for  the 
establishing  of  courts  of  arbitration,  which  shall  have  full  power 
to  hear  and  determine  matters  in  controversy  between  litigants 
as  to  possessory  rights  of  parties.  In  no  case  during  the  pend- 
ency of  a  suit  in  law  or  equity  in  any  of  the  courts  of  this  State 
shall  the  operation  or  working  of  a  mine  be  interfered  with  to  the 
extent  of  depreciating  its  value. 

ROBT.   A.   QUILLIAN, 
Chairman  of  Committee  of  the  Whole. 

On  motion  of  Mr.  Webster,  the  report  was  received. 

Mr.  Widderfield  moved  that  the  report  of  the  Committee  of 
the  Whole  be  laid  upon  the  table,  which  was  not  agreed  to. 

On  motion  of  Mr.  Webster,  section  7  of  the  report  of  the 
Committee  on  Mines  and  Mining  was  recommitted  to  that  com- 
mittee. 

On  motion  of  Mr.  Clark,  sections  9,  10  and  11  of  the  report 
of  the  Committee  on  Mines  and  Mining  were  laid  upon  the  table, 
to  be  considered  when  the  report  of  the  Committee  on  Revenue 
and  Finance  is  before  the  Convention. 

On  motion  of  Mr.  Webster,  section  12  of  the  report  of  the 
Committee  on  Mines  and  Mining  was  referred  to  the  Committee 
on  Judiciary. 

On  motion  of  Mr.  Clark,  sections  1,  2,  3,  4,  5  6  and  8  of  the 
report  of  the  Committee  on  Mines  and  Mining,  as  reported  by  the 
Committee  of  the  Whole,  were  laid  upon  the  table  for  future 
consideration. 

Mr.  Wells  moved  that  the  report  of  the  Committee  on  Forest 
Culture  be  taken  from  the  table,  which  was  agreed  to. 

On  motion  of  Mr.  Plumb,  section  1,  as  reported  by  the  Com- 
mittee of  the  Whole,  was  adopted. 

On  motion  of  Mr.  Wells,  section  2  was  amended  by  striking 
out  the  word  "as,"  in  first  line. 

Mr.  Yount  moved  that  section  2  as  amended  be  adopted. 

And  the  question  being  upon  the  motion  of  Mr.  Yount  to 
adopt  section  2  as  amended,  and  being  put,  it  was  decided  in  the 
affirmative — ayes,  21;  noes,  9. 

The  ayes  and  noes  being  called  for  those  voting  in  the  affirma- 
tive are : 

Messrs.  Bromwell,  Beck,  Crosby,  Ellsworth,  Elder,  Ebert, 
Garcia,  Kurd,  Head,  Lee,  Rockwell,  Stover,  Thatcher,  Vijil,  Web- 
ster, White,  Wilcox,  Wheeler,  Yount  and  Mr.  President. 


CONSTITUTIONAL   CONVENTION.  281 

Those  voting  in  the  negative  are: 

Messrs.  Ilarcla.  Cuslnnan,  Cooper,  Douglas,  Marsh,  Plumb, 
Quillian,  Wells.  Widdcrticld. 

So  the  Convention  adopted  section  2  as  amended. 

On  motion  of  Mr.  Wells,  the  article  as  follows  was  referred 
to  the  Committee  on  Revisions  and  Adjustments. 

FOREST  CULTURE. 

Section  1.  The  General  Assembly  shall  enact  laws  in  order 
to  pi-event  the  destruction  of  and  to  keep  in  good  preservation 
the  forests  upon  the  lands  of  the  State  or  upon  lands  of  the  pub- 
lic domain,  the  control  of  which  shall  be  conferred  by  Congress 
upon  the  State. 

Sec.  2.  The  General  Assembly  may  provide  that  the  in- 
crease in  the  value  of  private  lands  caused  by  the  planting  of 
hedges,  orchards  and  forests  thereon  shall  not,  for  a  limited  time, 
to  be  fixed  by  law,  be  taken  into  account  in  assessing  such  lands 
for  taxation. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Miscellaneous  Subjects  was  taken  from  the  table. 

On  motion  of  Mr.  Beck,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Committee 
on  Miscellaneous  Subjects,  Mr.  Cooper  in  the  chair,  and  after 
some  time  spent  therein,  the  President  resumed  the  chair  and 
Mr.  Cooper  reported  that  the  Committee  of  the  Whole  Conven- 
tion, to  whom  was  referred  the  report  of  the  Committee  on  Mis- 
cellaneous Subjects,  having  according  to  order  had  under  con- 
sideration said  report,  had  made  some  progress  therein  and 
asked  leave  to  sit  again  at  2  o'clock  this  afternoon. 

On  motion  of  Mr.  Bromwell,  the  report  was  received  and 
leave  granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Widderfield,  the  Convention  adjourned 
until  2  o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Crosby,  Ellsworth,  Garcia,  Hurd, 
Hough,  Quillian,  Stone,  Vijil  and  White. 

Leave  of  absence  was  granted  for  an  hour  to  Mr.  Ellsworth. 

Mr.  Wells  asked  for  leave  of  absence  for  himself  and  Mr. 
Rockwell  for  the  forenoon  session  tomorrow,  which  was  granted. 

Mr.  Thatcher  asked  for  leave  of  absence  after  3  o'clock  this 
day.  which  was  granted. 

On  motion  of  Mr.  Yount,  the  special  Committee  of  Conference 
with  the  Legislature  was  granted  leave  of  absence  for  the  after- 
noon. 


282  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Meyer,  Mr.  Beck  was  added  to  the  special 
Committee  on  Conference  with  the  Legislature. 

Messrs.  Crosby,  Garcia,  Quillian,  White  and  Vijil  appeared 
and  took  their  seats. 

On  motion  of  Mr.  Douglas,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of  the 
Committee  on  Miscellaneous  Subjects,  Mr.  Cooper  in  the  chair. 
And,  after  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  Cooper  submitted  the  following  report: 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado: 

Gentlemen: — The  Committee  of  the  Whole  Convention  to 
whom  was  referred  the  report  of  the  Committee  on  Miscellaneous 
Subjects  having,  according  to  order,  had  under  consideration 
said  report,  have  directed  me  to  report  the  same  back  with  an 
amendment  thereto,  and  ask  the  concurrence  of  the  Convention 
therein  in  the  words  following. 

A.  D.  COOPER, 

Chairman. 
PUBLICATION  OF  LAWS. 

The  General  Assembly  shall  provide  for  the  publication  of 
the  laws  passed  at  each  session  thereof,  and  until  the  year  1900, 
they  shall  cause  to  be  published  in  Spanish  and  German  a  suf- 
ficient number  of  copies  of  said  laws  to  supply  that  portion  of 
the  inhabitants  of  the  State  who  speak  those  languages  and  who 
may  be  unable  to  read  and  understand  the  English  language. 

BOUNDARIES. 

The  boundaries  of  the  State  of  Colorado  shall  be  as  follows : 

Commencing  on  the  thirty-seventh  parallel  of  north  latitude, 
where  the  twenty-fifth  meridian  of  longitude,  west  from  Wash- 
ington, crosses  the  same;  thence  north  on  said  meridian  to  the 
forty-first  parallel  of  north  latitude;  thence  along  said  parallel 
west  to  the  thirty-second  meridian  of  longitude  west  from  Wash- 
ington ;  thence  south  on  said  meridian  to  the  thirty-seventh  par- 
allel of  north  latitude ;  thence  along  said  thirty-seventh  parallel  of 
north  latitude  to  the  place  of  beginning. 

Your  Committee  also  presents  the  following  resolution  con- 
cerning the  publication  of  the  Constitution,  and  the  address  to 
accompany  the  same  and  recommend  its  adoption. 

Resolved,  That  the  Constitution,  when  framed,  together  with 
the  address  which  is  to  accompany  the  same,,  be  published  in 
pampnlet  form  for  distribution  among  the  citizens  of  Colorado. 

That  the  Committee  on  Printing  be  instructed  to  have 
printed,  in  the  English  language,  20,000  copies;  in  the  Spanish 
language,  2,000  copies,  and  in  the  German  language,  1,000  copies 
of  the  same. 

On  motion  of  Mr.  James,  the  report  was  received. 


CONSTITUTIONAL   CONVENTION.  283 

Mr.  Clark  moved  that  the  Convention  concur  in  the  amend- 
ments to  the  articles  as  reported  b>  the  Committee  of  the  Whole. 

Mr.  Felton  called  for  a  division  of  the  question,  and  the 
question  being  on  the  motion  to  concur  in  the  amendment  to 
the  section  on  "Publication  of  Laws,"  as  reported  by  the  Com- 
mittee of  the  Whole,  viz.:  To  insert  after  the  word  "thereof," 
in  second  line,  the  words,  "and  until  the  year  1900."  It  was 
agreed  to. 

Mr.  Bromwell  moved  to  amend  the  same  section  by  inserting 
after  the  word  "Laws,"  in  the  third  line,  the  words,  "and  the 
report  of  the  Superintendent  of  Public  Instruction,"  which  was 
not  agreed  to. 

Mr.  White  moved  to  amend  the  same  section  by  striking  out 
the  word  "shall,"  in  the  second  line,  and  inserting  in  lieu  the 
word  "may;"  and  the  question  being  upon  the  motion  of  Mr. 
White  to  amend,  and  being  put,  and  a  division  called,  it  was 
decided  in  the  negative.  Ayes,  8;  noes,  12.  So  the  Convention 
refused  to  concur  in  the  motion  of  Mr.  White  to  amend. 

On  motion  of  Mr.  Barela,  the  section  on  Publication  of 
Laws  was  adopted  as  reported  by  the  Committee  of  the  Wnole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  the  section 
on  Boundaries  as  reported  by  the  Committee  of  the  W^hole. 

On  motion  of  Mr.  Bromwell,  the  resolution  reported  by  the 
Committee  of  the  Whole  was  laid  upon  the  table  for  further  con- 
sideration. 

On  motion  of  Mr.  Bromwell,  the  sections  on  Publication  of 
Laws  and  Boundaries  was  [were]  ordered  engrossed  and  referred 
to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Clark,  the  report  of  the  Committee  on  Of- 
ficers and  Oaths  of  Office  was  taken  fom  the  table. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  Officers  and  Oaths  of  Office,  Mr.  White  in  the  chair. 
And,  after  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  White  submitted  the  following  report: 

Denver,  February  9th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado: 

Gentlemen : — The  Committee  of  the  Whole  Convention  to 
whom  was  referred  the  report  of  the  Committee  on  Officers  and 
Oaths  of  Office  having,  according  to  order,  had  under  considera- 
tion said  report,  have  directed  me  to  report  the  same  back 
with  sundry  amendments  thereto  in  the  words  following. 

G.  G.  WHITE, 
Chairman  of  Committee  of  the  Whole. 


284  PROCEEDINGS  OF  THE 

OFFICERS  AND  OATH  OF  OFFICE. 

Section  1.  Every  person  holding  office  under  this  State,  or 
any  municipality  therein,  either  by  election  or  appointment,  shall 
exercise  the  duties  of  his  office  until  his  successor  is  duly  quali- 
fied according  to  law. 

Sec.  2.  That  no  person  elected  or  appointed  to  any  office, 
or  employment  of  trust,  or  profit  under  the  laws  of  this  State, 
or  any  ordinance  of  any  municipality  in  this  State,  shall  hold 
such  office  without  devoting  his  personal  attention  to  the  per- 
formance of  the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now,  or  hereafter  may  become,  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to,  or  assume  the  duties  of 
any  office  of  trust  or  profit  in  this  State,  under  the  laws  thereof, 
or  of  any  municipality  therein,  until  he  shall  have  accounted  for 
and  paid  over  all  public  money  for  which  he  may  be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury,  solicitation  of  bribery,  or 
subornation  of  perjury,  shall  be  eligible  to  the  General  As- 
sembly, or  capable  of  holding  any  office  of  trust  or  profit  in  this 
State. 

Sec.  5.  The  District  Court  of  each  county  shall,  at  each 
term  thereof,  specially  give  in  charge  to  the  Grand  Jury,  if  there 
be  one,  the  laws  regulating  the  accountability  of  the  County 
Treasurer,  and  shall  appoint  a  committee  of  such  Grand  Jury 
or  of  other  reputable  persons,  not  exceeding  five,  to  investigate 
the  official  accounts  and  affairs  of  the  Treasurer  of  such  county, 
and  report  to  the  Court  the  condition  thereof.  The  Judge  of 
the  District  Court  may  appoint  a  like  committee,  in  vacation, 
at  any  time,  but  not  oftener  than  once  in  every  three  months. 

The  District  Court  of  the  county,  wherein  the  seat  of  gov- 
ernment may  be,  shall  have  the  like  power  to  appoint  committees 
to  investigate  the  official  accounts  and  affairs  of  the  Auditor  and 
Treasurer  of  the  State. 

Sec.  6.  Any  civil  officer  who  shall  solicit,  demand  or  re- 
ceive or  consent  to  receive,  directly  or  indirectly,  for  himself 
or  for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  reward, 
thing  of  value  or  enjoyment,  or  of  personal  advantage  or  promise 
thereof,  for  his  vote,  official  influence  or  action,  or  for  with- 
holding the  same,  or  with  an  understanding  that  his  official  in- 
fluence or  action  shall  be  in  any  way  influenced  thereby,  or  who 
shall  solicit  or  demand  any  such  money  or  advantage,  matter  or 
thing  aforesaid  for  another,  as  the  consideration  of  his  vote, 
official  influence  or  action,  or  for  withholding  the  same,  or  shall 
give  or  withhold  his  vote,  official  influence  or  action  in  considera- 
tion of  the  payment  or  promise  of  such  money,  advantage,  matter 
or  thing  to  another,  shall  be  held  guilty  of  bribery,  or  solicitation 


CONSTITUTIONAL   CONVENTION.  285 

of  bribery,  as  the  case  may  In-.  \\itliin  ilir  meaning  of  this  ('ou- 
st it  lit  ion.  and  shall  incur  the  disabilities  provided  thereby  for 
such  offense,  and  such  additional  punishment  as  is  or  shall  be 
provided  by  law. 

Sec.  7.  (If)  Any  person  elected  to  either  house  of  the  Gen- 
eral Assembly,  shall  offer  or  promise  to  give  his  vote  or  influence 
in  favor  of  or  against  any  measure  or  proposition  pending,  or  pro- 
posed to  be  introduced  in  the  General  Assembly  in  consideration, 
or  upon  condition  that  any  other  person,  elected  to  the  same  Gen- 
eral Assembly,  will  give  or  will  promise  or  assent  to  give  his 
vote  or  influence  in  favor  of  or  against  any  other  measure  or 
proposition  pending  or  proposed  to  be  introduced  in  such  General 
Assembly,  the  person  making  such  offer  or  promise  shall  be 
deemed  guilty  of  solicitation  of  bribery.  If  any  member  of  the 
General  Assembly  shall  give  his  vote  or  influence  for  or  against 
any  measure  or  proposition  pending  in  such  General  Assembly, 
or  offer,  promise  or  assent  so  to  do,  upon  condition  that  any 
other  member  will  give  or  will  promise  or  assent  to  give  his 
vote  or  influence  in  favor  of  or  against  any  other  measure  or 
proposition  pending  or  proposed  to  be  introduced  in  such  Gen- 
eral Assembly,  or  in  consideration  that  any  other  member  hath 
given  his  vote  or  influence  for  or  against  any  other  measure  or 
proposition  in  such  General  Assembly,  he  shall  be  deemed  guilty 
of  bribery;  and  any  member  of  the  general  Assembly,  or  person 
elected  thereto,  who  shall  be  guilty  of  either  of  such  offences,  shall 
be  expelled,  and  shall  not  be  thereafter  eligible  to  the  same  Gen- 
eral Assembly,  and  on  conviction  thereof  in  the  civil  courts, 
shall  be  liable  to  such  further  penalty  as  may  be  prescribed  by 
law. 

Sec.  8.  Members  of  the  General  Assembly,  before  they  enter 
upon  their  official  duties,  shall  take  the  following  oath  or  affirma- 
tion: 

You  do  solemnly  swear  (or  affirm),  that  you  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of 
the  State  of  Colorado,  and  that  you  will  faithfully  perform  the 
duties  of  your  office  according  to  the  best  of  your  ability,  so  help  . 
you  God. 

This  oath  shall  be  administered  in  the  Hall  of  the  House,  to 
which  the  member  is  elected. 

Sec.  9.  All  civil  officers,  except  members  of  the  General  As- 
sembly and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  to  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm),  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Colorado,  and  that  I  will  faithfully  discharge  the  duties 

of  the  office  of whereon  I  am  about  to  enter, 

according  to  the  best  of  my  ability,  so  help  me,  God. 

Sec.  10.  Officers  of  the  Executive  Department,  and  judges 
of  the  supreme  and  district  courts,  shall  file  their  oaths  of  office 


286  PROCEEDINGS    OF    THE 

with  the  Secretary  of  State.  All  other  officers  shall  file  their 
oaths  of  office  with  the  County  clerk  of  the  county  wherein  they 
may  exercise  the  duties  of  their  office. 

Sec.  II.  If  any  person,  elected  or  appointed  to  any  office, 
shall  refuse  or  neglect  to  qualify  therein,  within  the  time  which 
may  be  prescribed  by  law,  such  office  shall  be  deemed  vacant. 

Sec.  12.  Previous  to  entering  on  the  duties  of  their  re- 
spective offices,  all  civil  officers  of  this  State  shall  give  bond  with 
security,  in  the  manner  and  in  such  amount  as  shall  be  pre- 
scribed by  law;  Provided,  That  the  officers  elected  on  the  first 
Tuesday  in  October,  A.  D.  1876,  shall  give  bond  with  security 
to  the  State  of  Colorado  in  the  amount  and  in  such  manner  as 
is  now  prescribed  by  law  for  such  officers,  respectively,  in  the 
Territory  of  Colorado. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
amendments  to  the  report  of  the  Committee  on  Officers  and  Oath 
of  Office,  as  reported  by  the  Committee  of  the  Whole,  viz. : 

Section  1.  To  strike  out  the  word  "all,"  in  the  first  line, 
and  insert  in  lieu  the  word  "every;"  in  the  second  line,  to  strike 
out  the  words  "their  respective,"  and  insert  in  lieu  the  word 
"his;"  also  to  strike  out  in  same  line  the  word  "their,"  and  in- 
sert in  lieu  the  word  "his;"  and  in  third  line  to  strike  out  the 
word  "are,"  and  insert  the  word  "is." 

Sec.  2.  To  strike  out  the  word  "personally,"  in  the  third 
line ;  also  to  strike  out  the  word  "time,"  in  same  line,  and  insert 
in  lieu  the  words  "personal  attention." 

Sec.  3.  To  insert  the  words  "or  profit,"  after  the  word 
"trust,"  in  the  third  line. 

Sec.  4.  To  strike  out  the  word  "or,"  in  the  first  line,  and 
to  insert  after  the  word  "perjury,"  in  the  second  line,  the  words 
"solicitation  of  bribery  or  subornation  of  perjury ;"  and  to  strike 
out  all  in  fourth,  fifth,  sixth  and  seventh  lines. 

Sec.  5.  To  insert  in  the  second  line,  after  the  word  "jury," 
the  words  "if  there  be  one;"  in  the  fourth  line,  to  strike  out  the 
word  "office,"  and  insert  in  lieu  the  words  "official  accounts  and 
affairs ;"  in  the  fifth  line,  to  strike  out  the  words  "of  said  office," 
and  insert  the  word  "thereof;"  and  in  the  eighth  line,  to  strike 
out  the  word  "office,"  and  insert  the  words  "official  affairs. 

Sec.  6.  To  insert  after  the  word  "bribery,"  in  the  tenth  line, 
the  words  "or  solicitation  of  bribery,  as  the  case  may  be." 

Sec.  7.  To  strike  out  the  word  "corrupt,"  in  the  seventh 
line,  and  also  the  word  "other,"  in  the  fourteenth  line;  to  strike 
out  the  word  "hereafter,"  in  the  fifteenth  line,  and  insert  in  lieu 
the  word  "thereafter." 

Sec.  8.  To  strike  out  the  words  "the  above,"  in  the  first  line, 
and  insert  in  lieu  the  word  "this;"  also  to  strike  out  all  after 
the  word  "administered,"  in  the  first  line,  up  to  and  including 
the  word  "record,"  in  the  seventh  line. 


roNSTITl'TIONAL 


LVS7 


Sec.  9.  To  strike  out  all  after  the  word  "God,"  in  the  seventh 
line. 

Sec.  11.  To  strike  out  the  word  "officer,"  in  the  first  line, 
and  insert  in  lieu  the  words  "person  elected  or  appointed  to  any 
office;"  also  to  strike  out  of  same  line  the  words  "in  his  office," 
and  insert  in  lieu  the  word  "therein." 

Sec.  12.  To  strike  out  the  word  "provided,"  in  second  line, 
and  insert  in  lieu  the  word  "prescribed;"  also,  to  strike  out  the 
words  "their  respective  offices,"  in  the  fifth  line,  and  insert  in 
lieu  the  words  "such  officers  respectively." 

.Mr.  Kennedy  moved  that  the  report  be  ordered  printed  and 
laid  upon  the  table  for  future  consideration. 

Mr.  Carr,  as  an  amendment,  moved  that  the  report  be  ordered 
engrossed,  which  was  agreed  to. 

So  the  Convention  referred  the  report  to  the  Committee  on 
Engrossing  and  Enrolling. 

On  motion  of  Mr.  Douglas,  the  consideration  of  the  report 
of  the  Committee  on  State,  County  and  Municipal  Indebtedness, 
made  the  special  order  for  tomorrow  after  the  regular  order  of 
business. 

On  motion  of  Mr.  Pease,  the  Convention  adjourned  until  9 
o'clock  tomorrow. 


288  PROCEEDINGS   OF    THE 


THURSDAY,  FEBRUARY  10TH,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Hawley. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Beck,  Elder, 
Felton,  Hurd,  Hough,  Meyer,  Rockwell,  Stone,  Wells  and 
Wheeler. 

On  motion  of  Mr.  Plumb,  the  special  committee,  appointed 
to  confer  with  the  Legislature,  was  granted  leave  to  sit  during 
the  morning's  session  of  the  Convention. 

The  Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  further  reading  of  the  Journal  be  dispensed  with, 
which  was  agreed  to. 

Mr.  Yount,  of  the  Committee  on  Printing,  reported  back  the 
majority  report  of  the  Committee  on  Rights  of  Suffrage  and  Elec- 
tions ;  the  report  of  the  Committee  on  State,  County  and  Munici- 
pal Indebtedness,  and  the  minority  report  of  the  Committee  on 
Rights  of  Suffrage  and  Elections,  as  correctly  printed. 

There  being  no  objection,  the  reports  were  received  and 
placed  on  file  by  the  Secretary. 

Messrs.  Barela,  Felton,  Hurd  and  Wheeler  appeared  and 
took  their  seats. 

Mr.  Marsh  asked  leave  of  absence  until  11  o'clock,  which  was 
granted. 

The  President  announced  the  next  order  of  business  to  be 
the  special  order  for  consideration  of  report  of  Committee  on 
State,  County  and  Municipal  Indebtedness. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  State,  County  and  Municipal  Indebtedness,  Mr.  Web- 
ster in  the  chair;  and,  after  some  time  spent  therein,  the  Presi- 
dent resumed  the  chair,  and  Mr.  Webster  reported  that  the  Com- 
mittee of  the  WThole  Convention,  to  whom  was  referred  the  re- 
port of  the  Committee  on  State,  County  and  Municipal  Indebted- 
ness, having,  according  to  order,  had  under  consideration  said 
report,  had  made  some  progress  therein,  and  asked  leave  to  sit 
again  at  2  o'clock. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  and 
leave  granted  to  sit  again. 

Mr.  Meyer  moved  that  Mr.  Beck  be  excused  from  further 
service  as  a  member  of  the  special  Committee  of  Conference  with 
the  Legislature,  which  was  not  agreed  to. 

On  motion  of  Mr.  Meyer,  Messrs.  Clark  and  Kennedy  were 
added  to  the  special  Committee  of  Conference  with  the  Legisla- 
ture. 


CONS1II  I  TIONAL    CONVENTION.  289 

On  motion  of  Meyer,  leave  was  granted  to  the  special  Com- 

miitcc  <>f  rmilVivnrc  with  i IK-  Lrjrisljit nre  to  sit  during  this  after- 
noon's session. 

Mr.  Widderfield  asked  for  leave  of  absence  until  Monday 
next,  which  was  <jrant<  <1. 

On  motion  of  Mr.  Carr,  the  Convention  adjourned  until  2 
o'clock  P.  M.  

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Beck,  Clark, 
Elder,  Garcia,  Hough,  Kennedy,  Meyer,  Stone,  Wheeler  and 
Yount. 

On  motion  of  Mr.  Quillian,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  State,  County  and  Municipal  Indebtedness,  Mr. 
Webster  in  the  chair;  and,  after  some  time  spent  therein,  the 
President  resumed  the  chair,  and  Mr.  Webster  submitted  the  fol- 
lowing report : 

Denver,  February  10th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen : — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  State,  County 
and  Municipal  Indebtedness,  having,  according  to  order,  had  said 
report  under  consideration,  have  directed  me  to  report  the  same 
bark  to  the  Convention  with  sundry  amendments  thereto,  and  ask 
the  concurrence  of  the  Convention  therein  in  the  words  following. 

WM.  WEBSTER, 
Chairman  of  Committee  of  the  Whole. 

STATE,  COUNTY  AND  MUNICIPAL  INDEBTEDNESS. 

Section  2.  Neither  the  State  nor  any  county,  city,  town, 
township  or  school  district,  shall  make  any  donation  or  grant 
to  or  in  aid  of  or  become  a  subscriber  to  or  stockholder  or  share- 
holder in  any  corporation,  joint  stock  company  or  association, 
or  a  joint  owner  with  any  person,  association  or  corporation,  or 
any  municipality  whatever,  in  or  out  of  this  state,  except  as  to 
such  ownership  as  may  accrue  to  the  State  by  escheat,  or  by 
forfeiture  of  franchise  or  property,  by  operation  or  provision  of 
law ;  and  except  as  to  such  ownership  as  may  accrue  to  the  State, 
or  to  any  county,  city,  town  or  township  or  school  district,  or 
to  either  or  any  of  them,  jointly  or  with  any  or  either  of  them, 
or  with  any  person  or  persons,  association  or  corporation,  by 
forfeiture  of  real  estate  for  non-payment  of  taxes;  or  by  donation 
or  devise  for  public  use,  or  by  purchase  by  or  on  behalf  of  the 
Slate  or  any  county,  city,  town,  township  or  school  district,  or  any 

10 


290  PROCEEDINGS    OF    THE 

or  either  of  them  jointly,  with  any  or  either  of  them  under  execu- 
tion in  cases  of  fines,  penalties  or  forfeiture  of  bail,  recognizance, 
official  bond  or  bonds,  to  secure  public  moneys,  or  the  perfor- 
mance of  contracts  in  which  they  or  any  of  them  may  be  jointly 
or  severally  interested. 

Sec.  8.  No  debt  by  loan,  in  any  form,  shall  be  contracted 
by  any  school  district  for  the  purpose  of  erecting  and  furnish- 
ing school  buildings  for  such  district,  or  purchasing  grounds 
therefor,  unless  the  proposition  to  create  such  debt  shall  first  be 
submitted  to  the  qualified  electors  of  such  district,  who  shall 
have  paid  a  school  tax  therein,  in  the  year  next  preceding  such 
election,  and  a  majority  of  those  voting  thereon  shall  vote  in 
favor  of  incurring  such  debt  in  the  manner  provided  by  law. 

Sec.  9.  No  city  or  town  shall  contract  any  debt  by  loan,  in 
any  form,  except  by  means  of  an  ordinance  first  legally  adopted, 
and  which  shall  be  irrepealable  until  the  indebtedness  therein  pro- 
vided for  shall  have  been  fully  paid  and  discharged,  specifying 
the  purposes  to  which  the  funds,  to  be  raised  thereby,  shall  be 
applied,  and  providing  for  the  levying  of  such  tax  not  exceeding 
twelve  (12)  mills  on  each  dollar  of  valuation  of  property,  sub- 
ject to  taxation  by  such  city  or  town,  as  will  be  sufficient  to 
pay  the  annual  interest  and  extinguish  the  principal  of  such 
•debt,  within  fifteen,  but  not  less  than  ten  years  from  the  creation 
thereof;  and  the  funds  arising  from  the  collection  of  such  tax, 
shall  be  applied  to  the  purposes  in  such  ordinance  specified,  and 
to  no  other,  until  the  indebtedness  in  each  ordinance  provided  for 
shall  be  paid  and  discharged;  but  no  such  debt  shall  be  created 
unless  the  question  of  incurring  the  same  shall  be  submitted  to  the 
vote  of  the  qualified  electors  of  such  city  or  town  who  shall  in  the 
year  next  preceding  have  paid  a  property  tax  therein,  at  a  regular 
election  for  the  election  of  councilmen,  aldermen  or  officers 
thereof,  and  a  majority  of  the  said  electors  voting  at  said  election 
by  ballot  deposited  in  a  separate  ballot  box,  in  manner  to  be  pro- 
vided by  law,  shall  vote  in  favor  of  creating  such  debt;  but  the 
aggregate  amount  of  such  debt  so  created,  together  with  the  debt 
existing  against  such  city  or  town  at  the  time  of  such  election, 
shall  not  at  any  time  exceed  a  sum  equal  to  three  per  cent  of  the 
valuation  last  aforesaid.  Debts  contracted  for  the  purpose  of 
procuring  supplies  of  water  for  such  city  or  town  are  excepted 
from  the  operation  of  this  section.  The  valuation  in  this  section 
mentioned,  shall  be  in  all  cases  that  of  the  assessment  next  pre- 
ceding the  last  assessment  before  the  adoption  of  such  ordinance. 

Sec.  10.  Nothing  contained  in  this  article  shall  impair  the 
obligation  of  any  debt  heretofore  contracted  by  any  city,  town 
or  school  district,  in  accordance  with  the  laws  of  Colorado  Terri- 
tory, or  prevent  the  contracting  of  any  debt,  or  the  issuing  of 
bonds  therefor,  in  accordance  with  said  laws,  upon  any  proposi- 
tion for  that  purpose,  which  may  have  been  according  to  said 
laws  submitted  to  the  vote  of  the  qualified  electors  of  any  county, 


CONSTITI   TIONAL    CONViiVI  l(>.\.  291 

city,  town  <>r  school  district  before  the  day  of  this  Constitution 
p>ini:  into  effect. 

Tin*  Committee  of  the  Whole  Convention  have  further 
directed  me  to  report  back  to  the  Convention  section  3  of  the 
report  of  the  Committee  on  State,  County  and  Muniripal  Indebt- 
edness, with  the  recommendation  that  it  be  referred  to  the  Com- 
mittee on  Kevenue  and  Finance. 

(Sec.  3)  No  appropriation  shall  be  made  nor  any  expendi- 
ture authorized  by  the  General  Assembly  nor  by  any  Board  of 
County  Commissioners,  nor  by  the  City  Council,  Board  of  Alder- 
men. Trustees  or  Selectmen  of  any  city  or  town  or  township,  nor 
by  the  directors  of  any  school  district,  whereby  the  expenditures 
of  the  Siate  or  of  such  county,  city,  town,  township  or  school 
district,  as  the  case  may  be,  for  and  during  the  then  next  ensu- 
ing lisral  year,  shall  be  increased  beyond  an  amount  equal  to  the 
total  tax  then  levied  and  available  for  such  appropriation  or  ex- 
penditure unless  the  law,  ordinance  or  order,  as  the  case  may  be, 
making  such  appropriation  or  authoriizng  such  expenditure  pro- 
vide for  the  levying  of  such  tax  allowed  by  law  as  will  raise  suffi- 
cient funds  to  pay  such  increased  amount  of  appropriation  or  ex- 
penditure, allowing  for  estimated  delinquencies  within  such  next 
ensuing  fiscal  year,  but  no  such  appropriation  or  expenditure 
shall  in  any  case  exceed  an  amount  equal  to  ten  per  cent,  of  the 
tax  then  levied  and  available  as  aforesaid. 

The  Committee  of  the  Whole  Convention  have  further 
directed  me  to  report  back  section  7,  together  with  a  substitute 
for  the  last  clause  thereof  offered  by  Mr.  Carr,  with  the  recom- 
mendation that  they  be  referred  back  to  the  Committee  on  State, 
County  and  Municipal  Indebtedness. 

Sec.  7.  No  county  shall  contract  any  debt  by  bond  or  other 
evidence  of  indebtedness,  except  for  the  purpose  of  erecting  neces- 
sary public  buildings  or  making  or  repairing  of  public  roads  and 
bridges,  and  for  supplying  such  county  or  township  with  water 
for  public  use,  and  such  indebtedness  contracted  during  any  one 
year  by  any  county  shall  not  exceed  the  rates  following,  to  wit: 

Counties  in  which  the  assessed  valuation  of  property  subject 
to  taxation,  shall  exceed  ten.  millions  of  dollars — one  mill  on  each 
dollar  thereof;  counties  in  which  such  valuation  shall  be  more 
than  five  millions,  and  not  more  than  ten  millions  of  dollars — two 
mills  on  each  dollar  thereof;  counties  in  which  such  valuation 
shall  be  more  than  three  millions,  but  not  more  than  five  millions 
of  dollars — three  mills  on  each  dollar  thereof;  and  in  counties 
in  which  such  valuation  shall  he  less  than  one  million  of  dollars 

cents  on  each  dollar  thereof;  and  the  aggregate  amount 

of  such  indebtedness  contracted  by  any  county,  inclusive  of  all 
unfunded  or  floating  indebtedness  thereof  hereafter  created  and 
then  existing,  shall  not  at  any  time  exceed  twice  the  amount 
above  limited  in  the  case  of  such  county,  unless  when  in  manner 
provided  l»y  law  fixing  the  rate  of  interest  thereon,  and  providing 
for  the  levying  of  a  tax  not  exceeding mills  on  each  dollar 


292  PROCEEDINGS    OF    THE 

of  said  valuation,  sufficient  to  pay  the  interest  on  and  extinguish 
the  principal  of  such  debt  within  fifteen  and  not  less  than  ten 
years  from  the  creation  thereof;  the  question  of  increasing  such 
debt  shall  be  submitted  to  the  qualified  electors  of  such  county, 
and of  those  voting  thereon  shall  vote  in  favor  of  incur- 
ring such  debt. 

Substitute  offered  by  Mr.  Carr  for  portion  of  section  7:  To 
strike  out  all  after  the  word  "thereof,"  in  the  fifteenth  line,  and 
inserting  in  lieu  the  following  words,  "the  aggregate  amount  of 
the  indebtedness  of  any  county  shall  not  at  any  time  exceed  twice 
the  amount  above  limited,  unless  by  vote  of  the  people,  and  unless 
two-thirds  of  those  voting  on  the  question  of  such  indebtedness 
vote  in  favor  of  incurring  such  debt." 

On  motion  of  Mr.  James,  the  report  was  received. 

On  motion  of  Mr.  Widderfield,  section  3  was  referred  to  the 
Committee  oh  Kevenue  and  Finance. 

On  motion  of  Mr.  White,  section  7,  with  the  substitute  for 
a  portion  thereof,  offered  by  Mr.  Carr,  was  referred  back  to  the 
Committee  on  State,  County  and  Municipal  Indebtedness. 

Mr.  Widderfield  moved  that  the  amendments  to  the  report 
of  the  Committee  on  State,  County  and  Municipal  Indebtedness, 
as  reported  by  the  Committee  of  the  Whole,  be  concurred  in  by 
the  Convention. 

Mr.  Bromwell,  as  an  amendment,  moved  that  the  report  of 
the  Committee  of  the  Whole  be  laid  upon  the  table  for  future 
consideration,  and  the  question  being  upon  the  motion  of  Mr. 
Bromwell  to  lay  upon  the  table,  and  being  put,  it  was  decided 
in  the  affirmative. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Brom- 
well to  lay  the  report  on  the  table. 

On  motion  of  Mr.  Thatcher,  the  report  of  the  Committee  on 
Judiciary  on  the  resolutions  relating  to  the  importation,  manu- 
facture and  sale  of  poisonous  liquors,  was  taken  from  the  table. 

Mr.  Pease  moved  to  amend  the  section  by  inserting  between 
the  words  "and"  and  "said,"  in  the  fifth  line,  the  words  "any 
violation  of;"  and  also  by  striking  out  the  word  "enforced,"  in 
sixth  line,  and  inserting  in  lieu  the  word  "punished,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendments  offered  by 
Mr.  Pease. 

Mr.  Pease  moved  to  further  amend  the  section  by  inserting 
after  the  word  "the,"  in  the  third  line,  "compounding  or,"  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  offered  by 
Mr.  Pease. 

Mr.  White  moved  to  amend  the  section  by  striking  out,  in 
the  fifth  line,  the  words  "to  be  used  as  a  beverage." 

Mr.  Carr  moved  to  amend  the  amendment  offered  by  Mr. 
White  by  inserting  in  lieu  of  the  words  to  be  stricken  out  the 


CONSTITUTIONAL   CONVENTION.  293 

words  "except  for  chemical  or  mechanical  purposes,"  which 
was  accepted  by  Mr.  White. 

And,  tlic  question  being  upon  the  motion  of  Mr.  White,  as 
l»y  Mr.  ('MIT,  to  amend  the  section,  and,  beinjr  put.  and 
a  division  being  called,  it  was  decided  in  the  negative.  Ayes,  12; 
noes,  13. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
White  as  amended  by  Mr.  Carr  to  amend. 

Mr.  Thatcher  moved  to  amend  the  section  by  inserting  after 
ih<>  words  "violation  of,"  the  words  "either  of;"  and  also  by 
striking  out  the  word  "prohibition,"  in  the  fifth  line,  and  insert- 
ing in  lieu  the  word  "prohibitions,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Thatcher. 

Mr.  Wells  offered  the  following  as  an  additional  section  to 
the  article,  and  moved  its  adoption : 

"Section  2.  The  General  Assembly  shall  provide  by  law  for 
the  condemnation  and  destruction  of  all  such  spurious,  poisonous 
or  drugged  liquors." 

Mr.  Carr  moved  to  amend  section  2  as  offered  by  Mr.  Wells, 
by  striking  out  the  words  "and  destruction,"  which  was  not 
agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Carr  to  amend. 

On  motion  of  Mr.  James,  section  1  as  reported  by  the  Com- 
mittee on  Judiciary,  as  amended,  was  adopted. 

Mr.  Ellsworth  moved  to  amend  section  2  as  offered  by  Mr. 
W«»lls.  by  striking  out  the  word  "destruction,"  and  inserting  in 
lieu  the  words  "disposed  of,"  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Ellsworth. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section  2 
as  offered  by  Mr.  Wells. 

Mr.  White  offered  the  following  as  an  additional  section  to 
the  article,  and  moved  its  adoption : 

Section  3.  The  vending  of  spirituous,  vinous,  malt  or  mixed 
liquors  in  quantities  less  than  one  quart,  except  for  medical 
purposes,  shall  not  be  permitted  within  the  State  of  Colorado. 

Mr.  Plumb  moved  to  amend  the  section  offered  by  Mr.  White 
by  striking  out  the  word  "quart,"  and  inserting  in  lieu  the  word 
"gallon." 

And,  the  question  being  upon  the  motion  of  Mr.  Plumb  to 
amend,  and  being  put,  and  a  division  call,  it  was  decided  in  the 
negative — ayes,  8;  noes,  16. 

So  the  Convention  refused  to  concur  in  the  motion  to  amend, 
offered  bv  Mr.  Plumb. 


294  PROCEEDINGS    OF    THE 

The  question  then  being  on  the  motion  of  Mr.  White  to  adopt 
section  3  as  introduced  by  him,  and  being  put,  it  was  decided  in 
the  negative — ayes,  13 ;  noes.  20. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are :  Messrs.  Bare  la,  Boyles,  Can*,  Cushman,  Cooper, 
Crosby,  Douglas,  Felton,  Garcia,  Hurd,  Plumb,  Rockwell,  and 
Stover. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Beck, 
Ellsworth,  Ebert,  Hurd,  James,  Lee,  Marsh,  Meyer,  Pease,  Quil- 
lian,  Thatcher,  Vigil,  Webster,  White,  Wells,  Wilcox,  Widcier- 
field,  Yount  and  Mr.  President. 

So  the  Convention  refused  to  adopt  the  section  introduced 
by  Mr.  White. 

So  the  Convention  adopted  the  article  as  follows : 

ARTICLE.— 

SPURIOUS    LIQUORS. 

Section  1.  The  General  Assembly  shall  prohibit  by  law 
the  importation  into  this  State  for  the  purpose  of  sale  of  any 
spurious,  poisonous  or  drugged  spirituous  liquors,  adulterated 
with  any  poisonous  or  deleterious  subs-tance,  mixture  or  com- 
pound, and  shall  prohibit  the  compounding  or  manufacture  with- 
in this  State,  except  for  chemical  or  mechanical  purposes  of 
any  of  said  liquors,  whether  they  be  denominated  spirituous,  vin- 
ous, malt  or  otherwise,  and  shall  also  prohibit  the  sale  of  any 
such  liquors  to  be  as  a  beverage,  and  any  violation  of  either 
of  said  prohibitions  shall  be  punished  by  fine  and  imprisonment. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  the 
condemnation  and  destruction  of  all  such  spurious,  poisonous  or 
drugged  liquors. 

On  motion  of  Mr.  Pease,  the  article  as  adopted  was  ordered 
engrossed  and  referred  to  the  Committee  on  Revisions  and  Ad- 
justments. 

On  motion  of  Mr.  Webster,  the  consideration  of  the  report 
of  the  Committee  on  State  Institutions  and  Buildings  was  made 
the  special  order  for  tomorrow  after  the  regular  order  of  business. 

On  motion  of  Mr.  White,  the  Convention  adjourned  until  9 
o'clock  tomorrow. 


CONSTITUTIONAL   CONTENTION,  -')." 


FKIDAY,  n:mn  AKY  UTII.  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

I 'nm>r  was  offered  by  Rev.  Mr.  Frost. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Elder,  Hough, 
Stone.  \Y<  bsicr.  White,  \Vluel<  r  and  \Yiddrrtu-M. 

On  motion  of  Mr.  Meyer,  the  special  Committee  on  Confer- 
ence with  the  Legislature  was  granted  leave  to  sit  during  the 
morning's  session. 

Messrs.  Elder,  Barela  and  Webster  appeared  and  took  their 
seats. 

The  Journal  of  preceding  day  having  been  partially  read, 
on  motion  of  Mr.  White,  the  further  reading  of  the  Journal  was 
dispensed  with. 

Mr.  Carr  presented  the  following  petition,  and  on  his  own 
motion  it  was  ordered  spread  on  the  Journal,  omitting  the  names, 
and  referred  to  the  Committee  on  Education  and  Educational  In- 
stitutions. 

To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention. 

Gentlemen :-— Your  petitioners,  citizens  of  the  Territory  of 
Colorado,  believing  that  the  basis  of  our  free  institutions  is  a 
free,  uniform  and  non-sectarian  school  system,  and  that  the 
permanency  of  the  free  schools  depends  upon  the  establishment 
of  such  system;  most  respectfully  request  your  honorable  body 
to  so  form  the  Constitution  of  this  State  as  to  make  it  unlawful 
for  the  Legislature  or  any  municipal  corporation  to  divide  or  use 
the  common  school  fund  for  sectarian  purposes. 

(Signed)     JOHN  KILELY, 

And  sixty-four  others. 

Mr.  Carr  also  presented  a  similar  petition  from  M.  K.  Hoi- 
brook  and  56  other  citizens  of  Colorado,  which,  on  Mr.  Carr's 
motion,  was  referred  to  the  Committee  on  Education  and  Educa- 
tional Institutions. 

Mr.  Carr  also  presented  a  similar  petition  from  C.  N.  Doug- 
las and  fifty-one  other  citizens  of  Colorado,  which,  on  the  motion 
of  Mr.  Carr,  was  referred  to  the  Committee  on  Education  and 
Educational  Institutions. 

Mr.  Douglas  presented  the  following  petition,  and,  on  his 
own  motion,  it  was  ordered  spread  on  the  Journal,  and  referred 
to  the  Committee  on  Education  and  Educational  Institutions. 

To  the  Honorable  Constitutional  Convention,  now  assembled  in 

Denver,  Colo. 

We,  the  undersigned,  do  respectfully  petition  your  honorable 
body  to  insert  in  the  <1ons1itntion  you  are  now  framing  for  the 


296  PROCEEDINGS    OF    THE 

prospective  State  of  Colorado  a  provision  which  will  forever 
prevent  the  possiblity  of  dividing  the  public  school  fund  or 
to  permit  the  use  of  any  portion  at  it  for  the  support  of  sectarian 
schools.  We  urge  upon  you  the  necessity  of  setting  this  vexed 
question  by  such  a  constitutional  provision. 

(Signed)     HENRY  LIMBACK, 

And  thirty-four  others. 

Mr.  Wheeler  presented  the  following  petition,  and,  on  his 
own  motion,  it  was  ordered  spread  upon  the  Journal  and  re- 
ferred to  the  Committee  on  Education  and  Educational  Institu- 
tions. 

Platteville,  Weld  County. 
To  the  Constitutional  Convention  of  Colorado. 

Gentlemen — We,  the  undersigned  citizens  of  Colorado  of 
adult  age,  do  hereby  petition  your  honorable  body,  in  convention 
assembled,  to  so  frame  your  Constitution  that  there  never  shall 
be  any  division  of  the  public  school  fund  by  legislative  enact- 
ment. 

(Signed)     WILLIAM  SHORTLEY,  SB., 

And  sixty  others. 

Mr.  Plumb,  chairman  of  the  Committee  on  Irrigation,  Agri- 
culture and  Manufactures,  presented  the  following  report  of  that 
committee: 

Denver,  Colo.,  February  llth,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado. 

Gentlemen — Your  committee  on  Irrigation,  Agriculture  and 
Manufactures,  to  whom  was  referred  the  subject-matter  relating 
to  those  branches  of  the  Constitution,  beg  leave  to  state  that 
they  have  had  the  same  under  consideration  and  present  the 
accompanying  article  as  their  report,  all  of  which  is  respectfully 
submitted. 

S.  J.  PLUMB, 

Chairman. 
IRRIGATION  AND  AGRICULTURE. 

Section  1.  The  water  of  every  natural  stream  within  the 
State  of  Colorado  is  hereby  declared  to  be  the  property  of  the 
people  of  said  State  and  the  same  is  dedicated  to  their  use 
forever. 

Sec.  2.  Priority  of  appropriation  shall  give  priority  of  right, 
except  from  the  first  day  of  June  until  the  first  day  of  Septem- 
ber in  each  and  every  year,  when  lands  used  for  agricultural  pur- 
poses shall  have  the  preference. 

Sec.  3.  All  persons  and  corporations  shall  have  the  right 
of  way  across  public,  private  and  corporate  lands  for  the  con- 
struction of  ditches,  canals  and  flumes  for  the  purpose  of  con- 


CONSTITUTIONAL   CONVENTION.  297 

\.\inu  \\ahT  f<»r  the  irrigation  of  agricultural  lands  and  for 
mining  and  manufacturing  purposes  and  for  drainage. 

Sec.  4.  All  ditches,  canals  and  flumes  constructed  by  any 
person  or  corporation  for  conveying  water  from  its  natural 
channel  shall  be  subject  to  all  acquired  rights  to  the  waters  upon 
said  stream,  above  and  below  the  head  of  such  ditch  or  flume. 

Sec.  5.  The  Board  of  County  Commissioners  in  their  re- 
spective counties  shall  regulate  the  price  to  be  charged  for  the 
use  of  water,  whether  furnished  by  individuals  or  by  corpora- 
tion, so  as  to  secure  justice  between  the  contracting  parties. 

Sec.  6.  All  ditches,  canals  and  flume,s  constructed  by  indi- 
viduals or  corporations  for  the  exclusive  purpose  of  irrigating 
lands  owned  by  said  individuals  or  corporations  shall  not  be 
separately  taxed. 

Sec.  7.  All  laws  regulating  fences  in  this  State  shall  be 
general  in  their  provisions  and  shall  be  applicable  only  in  such 
counties  as  shall  adopt  the  same  by  a  vote  of  a  majority  of  the 
land  holders  voting  for  the  proposition  at  some  general  election 
at  which  the  question  shall  have  been  submitted. 

On  motion  of  Mr.  Douglas  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Ebert,  chairman  of  the  Committee  on  Forest  Culture, 
presented  the  following  report  and  memorial  to  Congress : 

Denver,  January  12th,  1870. 

To  the  Honorable  President  and  the  Constitutional  Convention 
of  Colorado: 

Gentlemen — Your  Committee  on  Forest  Culture,  to  whom 
was  referred  a  resolution  of  this  Convention  to  prepare  a  me- 
morial to  Congress,  praying  that  the  control  of  forests  growing 
upon  the  public  lands  in  the  mountain  regions  be  conferred 
upon  the  local  governments  of  the  several  states  and  territories 
of  that  region,  have  in  accordance  with  this  resolution  pre- 
pared such  a  memorial,  and  beg  leave  to  submit  the  same  to  the 
further  consideration  of  this  body. 

F.  J.  EBERT, 
Chairman  of  Committee  on  Forest  Culture. 

To  the  Honorable  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled: 
The  members  of  the  Constitutional  Convention  assembled 
for  the  purpose  of  framing  a  Constitution  for  the  State  of  Colo- 
rado, respectfully  represent  that  the  greatest  attention  ought  to 
be  directed  to  the  preservation  and  care  of  those  resources  upon 
which  the  welfare  of  the  people  depends.  This  principle  finds 
an  especial  application  with  us  as  far  as  our  forests  are  con- 
cerned. With  the  exception  of  our  mountain  regions,  but  little 
timber  is  met  with  anywhere  in  Colorado.  But  along  the  creeks 
and  rivers  which  cross  our  prairies  we  may  find  now  and  then  a 


298  PROCEEDINGS    OF    THE 

small  spot  covered  with  scattered  trees  and  short,  useless  under- 
growth. Our  mountains  alone  contain  forests  worth  the  while 
to  be  mentioned  and  considered.  But  even  these,  except  some 
valleys  where  indeed  beautiful  forests  are  yet  growing,  present 
an  alarming  spectacle  to  the  close  observer.  The.  slopes,  ridges 
and  higher  plateaus  of  the  mountains  contain  but 'few  trees,  gen- 
erally short  and  twisted,  from  their  constant  exposure  to  strong 
winds.  The  higher  regions,  of  course,  are  bare  on  account  of 
their  great  elevation.  Only  the  more  protected  portions  of  the 
mountains,  valleys  and  small  parks  contain  valuable  timber. 
The  area  of  the  mountainous  portion  of  Colorado,  as  far  as  we 
can  estimate  from  the  best  topographical  maps  and  our  own 
knowledge,  amounts  to  about  15,000,000  of  acres:  of  these 
thirty  per  cent,  may  be  considered  bare  at  present;  thirty  per 
cent,  covered  by  useless  wood,  thirty  per  cent,  to  contain  about 
twenty-five  cords  of  wood  per  acre,  and  ten  per  cent,  unobjection- 
al  forests.  But  the  rapid  increase  of  our  population,  the 
spread  of  industries,  the  building  of  extensive  railroads,  the 
reckless  devastation  of  timber  in  cutting  and  transporting  it,  and 
the  frequent  fires  mostly  caused  by  carelessness,  and  often 
raging  for  months,  threaten  to  soon  destroy  our  forests  and 
expose  us  to  the  danger  of  a  wood  famine,  if  some  effectual 
means  are  not  employed  to  check  a  further  destruction,  and  to 
remedy  as  far  as  possible  the  damage  already  done.  The  con- 
sequences of  such  a  calamity  would  be  severely  felt,  thousands 
of  laborers  would  be  thrown  out  of  employment,  who  had  made 
a  living  in  cutting,  transporting  and  working  up  the  products 
of  our  forests.  Saw  mills  would  have  to  stop  and  smelting 
works  have  to  be  removed  entirely  out  of  our  mountains;  many 
mines  could  not  be  worked  at  all  on  account  of  want  of  timber, 
and  thus  our  main  resource  of  existence — mining — would  be 
severely  crippled.  Besides,  the  large  capital  now  interested  in 
machinery  would  become  unprofitable  and  still  greater  sums 
of  money  would  have  to  be  yearly  expended  to  supply  us  with 
the  necessary  wood  for  building  purposes  and  machinery.  We 
must  not  console  ourselves  with  the  thought  that  such  a  calam- 
ity is  yet  far  off.  A  comparison  of  the  condition  of  our  forests 
sixteen  years  ago,  when  our  Territory  began  to  settle  up,  with 
that  at  present,  and  taking  into  consideration  that  there  is  a 
geometrically  progressing  consumption  of  wood  to  be  anticipated, 
entitles  us  to  the  belief  that  twenty-five  years  from  now  the  dev- 
astation of  our  forests  will  be  complete  and  that  our  mountains 
then  will  rather  have  the1  appearance  of  ruin  than  that  of  an 
inviting  field  for  human  enterprise.  It  would  be  a  shame  for 
an  intelligent  people  to  look  with  indifference  at  such  an  ap- 
proaching calamity,  and  it  would  be  an  unpardonable  mistake 
in  a  wise  government  not  to  provide  in  time,  whatever  may  be 
the  sacrifice,  against  an  evil  which  when  once  it  overtakes  us 
can  never  afterward  be  remedied,  or  at  least  not  for  centuries. 
So  far  we  have  referred  to  the  direct  results  if  we  do  not  pro- 


CO.NSIIII  TIONAL   CONVENTION,  299 

tect  our  forests  against  devastation,  r.ut  there  are  besides 
indirectly  i -onm-etcd  with  it  certain  evils  which  still  increase  the 
mischief'.  Tin  se  are  produced  by  losing  the  beneficial  influ- 
ences of  oiii-  forests  upon  climate  and  vegetation.  A  forest,  or 
larger  samples  of  trees  and  hushes  growing  rather  in  close 
proximity  is,  so  to  say.  a  magazine  of  moisture  from  which  the 
aimospJiere  is  constantly  supplied  with  this  commodity.  How 
^i  rat  this  exhalation  of  moisture  of  a  forest  into  the  atmosphere 
must  he,  can  easily  be  concluded  by  stating  that  experiments 
have  shown  that  a  single  full  grown  lime  tree  is  able  to  exhale 
twenty  tons  of  water  from  spring  to  fall.  Further,  regular  for- 
ests keep  the  soil  in  which  their  roots  grow  in  a  comparatively 
loose  condition,  and  thus  enable  the  melting  snows  and  falling 
rains  to  easily  sink  into  the  ground,  and  in  course  of  time  are 
gradually  given  back  to  the  atmosphere  by  exhalation  through 
the  leaves  or  run  slowly  off,  if  there  be  a  surplus,  through 
springs  into  the  large  water  courses.  They  also  attract  the 
moisture  suspended  in  the  air  and  conveyed  there  from  other 
parts  of  the  earth  by  the  great  atmosphere  currents.  In  short, 
we  may  say  forests  form  natural  reservoirs  of  moisture,  fertilize 
the  atmosphere  and  prevent  heavy  rains  from  rushing  suddenly 
down  into  the  valleys  and  causing  floods.  They  keep  up  a  last- 
ing supply  of  water  in  the  natural  streams,  break  the  force 
of  the  winds  and  exert  generally  a  most  beneficial  influence  on 
climate  and  vegetation,  and  where  irrigation  is  to  be  used  they 
may  be  considered  their  [its]  natural  auxiliaries.  This  is  exactly 
what  we  want  in  Colorado,  where  our  climate  is  so  dry  that  we 
are  obliged  to  irrigate,  if  we  wish  to  raise  crops,  and  where  our 
pasture  regions  will  become  more  profitable  the  more  our  atmos- 
phere is  moistened.  If  we  continue  the  devastation  of  our  present 
forests,  we  will  certainly  at  the  same  time  destroy  a  great  por- 
tion of  our  means  to  develop  our  agricultural  and  pastoral  re- 
sources, and  taking  this,  together  with  the  above  mentioned 
dangers  arising  from  actual  want  of  wood,  we  may  well  stop 
and  consider  how  to  escape  these  calamities.  It  may  be  per- 
haps not  quite  out  of  place  here  to  refer  to  the  experience  made 
in  this  respect  in  other  countries,  as  well  in  ancient  as  in  modern 
times.  The  Bible  speaks  of  the  cedars  of  Lebanon  as  large  and 
beautiful  trees;  the  country  around  was  then  thickly  settled. 
At  present,  according  to  a  late  report,  only  a  few  dwarfy  trees 
are  there  to  be  found,  and  the  adjoining  country  is  a  perfect 
desert,  only  able  to  support  a  few  nomadic  hordes.  Spain  at  the 
time  of  the  Roman  Republic  was  covered  with  majestic  forests, 
and  the  Romans  built  their  ships  there,  and  the  country  was 
renowned  for  its  fertility.  At  present  their  forests  have  dis- 
appeared to  a  great  extent.  Agriculture  has  become  of  little 
profit  and  stock  raising  has  taken  its  place,  and  a  poor  scanty 
population,  about  one-third  of  its  former  number,  now  inhabits 
the  peninsula.  We  read  the  same  of  the  north  coast  of  Africa, 
Minor  Asia,  Persia,  Greece,  Turkey  and  many  other  countries. 


300  PROCEEDINGS    OF   THE 

Everywhere  the  fertility  of  the  soil  has  greatly  diminished  with 
the  disappearance  of  the  forests,  and  where  once  300,000,000  of 
people  were  living  we  can  now  hardly  count  50,000,000.  But 
more  convincing  are  the  experiences  of  modern  times  in  Eussia, 
France,  South  Africa  and  even  some  parts  of  the  United  States, 
especially  in  Ohio  and  Pennsylvania.  Everywhere  in  these 
countries  the  forests  were  cut  down  without  being  replanted, 
the  natural  results  of  which  are  they  now  suffer  from  frequent 
droughts,  floods  and  a  lower  temperature  in  winter,  and  a  fre- 
quent failure  of  their  crops  in  consequence.  Of  all  Europe  only 
Germany  escaped  these  evils,  and  this  only  by  introducing  in 
time  a  suitable  system  of  forest  culture,  which  is  now  brought 
almost  to  perfection,  and  no  expense  and  care  are  spared  to 
sustain  it.  Great  efforts  have  been  made  for  some  time  past  all 
over  Europe,  outside  of  Germany,  to  introduce  this  system  and 
even  an  international  forest  law  is  taken  into  serious  contempla- 
tion by  all  sections  of  Europe.  As  far  as  we  in  Colorado  are 
concerned  we  can  not  afford  to  delay  any  longer  to  make  at 
least  some  movement  to  save  our  forests  and  attempt  to  extend 
them  as  soon  as  possible,  even  into  our  plains,  if  we  wish  to  fully 
develop  our  agricultural,  pastoral  and  mining  interests,  and  to 
escape  the  danger  of  becoming  destitute  of  the  necessary  wood 
for  building  purposes,  fuel,  machinery,  etc.  But  if  we  now  refer 
to  an  obstacle  which  if  not  removed  would  greatly  hinder  our 
purpose,  this  is  the  circumstance  that  we  do  not  possess  the  full 
control  of  the  forests  in  Colorado.  By  far  the  greatest  part  of 
them  is  in  the  hands  of  the  government  of  the  United  States. 
Those  small  tracts  now  owned  by  private  persons  would  hardly, 
for  the  present  at  least,  materially  interfere  with  the  manage- 
ment we  intend  to  propose.  We  think  it  essential,  nay  neces- 
sary, for  the  furtherance  of  our  object  to  acquire  not  only  the 
exclusive  control  of  all  the  government  forests  in  our  mountains, 
but  also  at  least  one-fourth  of  all  the  government  land  on  our 
plains  to  use  in  future  times  for  forest  culture. 

This  proposal  may  seem  at  first  glance  as  somewhat  exor- 
bitant, but  we  have  no  doubt,  after  a  little  reflection,  that  it  will 
appear  quite  proper,  nay  even  advantageous  to  all  parties  con- 
cerned. If  the  forests  of  Colorado  are  left  as  they  now  are  their 
fate  is  sealed ;  they  will  have  disappeared  before  another  genera- 
tion will  have  half  passed  away.  There  are  a  great  number  of 
cases  on  record  where  parties  have  been  prosecuted  for  cutting 
timber  on  government  lands,  and  although  the  facts  in  such 
case  were  undeniable  and  the  laws  referring  to  them  plain  and 
unmistakable,  still  no  jury  or  judge  can  be  found  or  ever  will 
be  found  in  our  territory  who  will  pronounce  such  trespassing 
parties  guilty  and  punish  them.  The  reason  is  simply  this :  We 
need  the  wood  and  can  not  exist  without  it,  and  will  have  it  as 
long  as  there  is  any  left.  We  see  here  that  great  truth  clearly 
demonstrated,  need  is  stronger  than  right.  But  with  the  dis- 
appearance of  our  forests  we  may  as  well  cease  our  efforts  to 


CONSTITUTIONAL   CONVENTION.  301 

progress.  Our  otherwise  immense  natural  wealth  will  never*  be 
developed  to  any  extent,  our  progress  in  and  direction  can  (not) 
be  thought  of.  What  would  the  Government  of  the  United  States 
gain  by  having  ihc  forests  of  Colorado  destroyed.  They  can  not 
be  sold,  and  the  National  Government  can  not  protect  them. 
YYr  alone,  who  are  living  here,  dependent  upon  them  and  appre- 
ciating their  value,  are  able  to  save  them  from  destruction,  and 
the  chain  of  attendant  evils.  If  we  were  an  old  and  a  wealthy 
people  with  a  dense  population,  we  could  buy  the  forests,  but 
we  are  young  as  a  people,  and  as  in  all  newly  settled  countries 
we  need  our  all  with  which  to  build  canals,  ditches,  railroads, 
factories,  schools  and  colleges,  and  fully  develop  the  resources 
of  our  mines  and  virgin  soil.  Would  it  not  be  the  wisest  policy 
for  the  Government  of  the  United  States  to  transfer  the  control 
of  our  forests  to  the  care  of  the  prospective  State  of  Colorado, 
together  with  all  the  lands  on  our  plains  needed  for  the  future 
culture  of  forest  trees?  Such  a  measure  seems  to  us  so  plain, 
so  just  and  advantageous  to  the  nation  at  large,  as  well  as  to 
ourselves  in  Colorado,  that  we  venture  to  propose  to  Congress 
to  make  such  a  transfer. 

It  may  not  be  out  of  place  here  to  mention  that  however 
wise  and  beneficial  the  present  system  of  disposing  of  public 
lands  niay  have  been  when  applied  to  other  states  and  territor- 
ies, still  its  enforcement  in  Colorado  will  be  injurious  not  only 
to  us,  but  will,  if  persisted  in,  bring  destruction  and  calamity 
upon  the  entire  population  of  the  so-called  Far  West.  Here  the 
climate  is  dry,  and  agriculture  is  impossible  without  irrigation. 
However  fertile  the  soil  may  be,  and  if  ever  the  prairie  should 
be  redeemed  and  made  the  home  of  a  dense  population,  it  can 
only  be  effected  by  a  combination  of  irrigation  and  forest 
culture. 

Does  it  not  seem  to  be  the  duty  of  the  National  Government 
to  protect  our  forests  from  destruction  by  putting  them  into  the 
hands  of  somebody  who  is  able  and  willing  to  protect  them? 
And  is  there  a  reasonable  doubt  in  the  minds  of  any  that  those 
who  are  the  most  able  to  do  so  are  Territorial  and  State  Gov- 
ernments of  the  west?  Congress  ought  to  pass  a  law  that  in 
countries  where  the  climate  is  so  dry  that  agriculture  can  not  be 
carried  on  without  irrigation,  that  there  the  existing  forests 
should  be  withdrawn  from  private  entry,  and  put  under  the 
control  of  the  respective  State  or  Territorial  Governments,  with 
such  by-la \vs  as  will  preserve  and  keep  them  in  a  flourishing  condi- 
tion. 

This  condition  has  already  embodied  in  the  Constitution 
of  the  prospective  State  of  Colorado  the  following  article,  to- wit: 

The  General  Assembly  shall  enact  laws  in  order  to  prevent 
destruction  of,  and  to  keep  in  good  preservation  the  forests  upon 
the  lands  of  the  State  or  upon  lands  of  the  public  domain,  the 
control  of  which  shall  be  conferred  by  Congress  upon  the  State. 


302  PROCEEDINGS   OF    THE 

In  contemplation  of  the  above  stated  reasons,  the  Conven- 
tion respectfully  suggests  to  Congress  to  put  the  respective  for- 
ests and  waste  forest  grounds  of  all  these  regions,  where  irriga- 
tion has  to  be  used  for  agricultural  purposes,  under  the  control 
of  the  respective  Territorial  and  State  Governments. 

On  motion  of  Mr.  Wells,  the  report  and  memorial  to  Con- 
gress were  ordered  engrossed  and  laid  upon  the  table  for  future 
consideration. 

On  motion  of  Mr.  Hurd,  the  consideration  of  the  report  of 
the  Committee  on  Education  and  Educational  Institutions  was 
made  the  special  order  for  tomorrow,  after  the  regular  order  of 
business. 

On  motion  of  Mr.  Rockwell,  the  consideration  of  the  report 
of  the  Committee  on  Judiciary  was  made  the  special  order  for 
Tuesday  next,  after  the  regular  order  of  business. 

Mr.  Elder  asked  for  leave  of  absence  for  Mr.  Lee  for  a  few 
days,  which  was  granted. 

On  motion  of  Mr.  Douglas,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  State  Institutions  and  Buildings,  Mr.  Ellsworth  in  the 
chair,  and  after  some  time  spent  therein  the  President  resumed 
the  chair  and  Mr.  Ellsworth  submitted  the  following  report : 

Denver,  Colo.,  February  llth,  187G. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado. 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
State  Institutions  and  Buildings,  having,  according  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  the 
same  back  to  the  Convention  with  sundry  amendments  thereto 
and  ask  the  concurrence  of  the  Convention  therein  in  the  words 
following,  viz.: 

L.  C.  ELLSWORTH, 
Chairman  of  Committee  of  the  Whole. 

Section  7,  The  following  Territorial  Institutions,  to-wit: 
The  University  at  Boulder,  the  Agricultural  College  at  Fort  Col- 
lins, the  School  of  Mines  at  Golden,  and  the  Institute  for  the 
Education  of  Mutes  at  Colorado  Springs,  shall  upon  the  adoption 
of  this  Constitution,  become  Institutions  of  the  State  of  Colo- 
rado, and  the  management  thereof  subject  to  the  control  of  the 
State,  under  such  laws  and  regulations  as  the  General  Assembly 
shall  provide  and  the  location  of  said  Institutions,  as  well  as  all 
gifts,  grants  and  appropriations  of  money  and  property,  real  and 
personal,  heretofore  made  to  said  several  Institutions  are  hereby 
confirmed  to  the  use  and  benefit  of  the  same  respectively. 

Provided,  this  section  shall  not  apply  to  any  institution  the 
property,  real  and  personal,  of  which  is  now  vested  in  the  trustees 


sTrn  TION.M.  CONVENTION,  303 


thereof  mini  siu-h  time  ;is  sai<!  proprriy  !•<•  transferred  by  such 
.  on\e\anre  as  may  be  necessafv.  together  with  the  management 
thereof.  to  the  officers  provided  for  the  management  of  said  insti- 
tution by  t  IK-  (  '(institution. 

On  motion  of  Mr.  Webster  the  report  was  received. 

<  hi  motion  of  Mr.  Douglas,  the  first  report  of  the  Committee 
of  the  Whole  on  State  Institutions  and  Buildings  was  taken  from 
the  table. 

On  motion  of  Mr.  Douglas,  the  two  reports  of  the  Committee 
ot  the  \Vhole  on  State  Institutions  and  Buildings,  were  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Webster,  the  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Rights  of  Suffrage  and 
Elections  was  made  the  special  order  for  Monday  next  after  the 
regular  order  of  business. 

On  motion  of  Mr.  Pease,  the  convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent  —  Messrs.  Barela,  Boyles,  Garcia,  Hough,  Kennedy, 
Lee,  Quillian,  Stone,  Thatcher,  Vijil,  White,  Wheeler  and  Wid- 
derfield. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing,  re- 
ported back  the  report  of  the  Committee  of  the  Whole  on  Officers 
and  Oath  of  Office,  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  placed 
on  file  by  the  Secretary. 

On  motion  of  Mr.  Ellsworth,  the  report  of  the  Committee  of 
i  lie  Whole  on  Officers  and  Oath  of  Office  was  taken  from  the  table. 

On  motion  of  Mr.  Carr,  the  Convention  proceeded  to  consider 
the  report  by  sections. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  Section  1 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Pease  moved  to  amend  Section  2  by  striking  out  the 
word  "That"  in  first  line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  Section 
2,  as  reported  by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  Section  •">  as 
reported  by  the  Committee  of  the  WThole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section  4 
as  reported  by  the  Committee  of  the  Whole. 


304  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section  5, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  Section  6 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Wilcox,  the  Convention  adopted  Section  7 
as  reported  by  the  Committee  of  the  Whole. 

Messrs.  Garcia,  Vijil,  Barela,  Thatcher  and  Wheeler  ap- 
peared and  took  their  seats. 

On  motion  of  Mr.  Stover,  the  Convention  adopted  Section  8, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  Section 
9,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section  10, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  Section 

11,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section 

12,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Rockwell  moved  to  reconsider  the  vote  by  which  Section 
4  was  adopted  by  the  Convention,  which  was  not  agreed  to. 

So  the  Convention  refused  to  reconsider. 

So  the  Convention  adopted  the  Article  on  Officers  and  Oath 
of  Office,  as  follows: 

ARTICLE— OFFICERS  AND  OATH  OF  OFFICE. 

Section  1.  Every  person  holding  office  under  this  State  or 
any  municipality  therein,  either  by  election  or  appoiritment,  shall 
exercise  the  duties  of  his  office  until  his  successor  is  duly  quali- 
fied according  to  law. 

Sec.  2.  No  person  elected  or  appointed  to  any  office  or  em- 
ployment of  trust  or  profit  under  the  laws  of  this  State  or  any 
ordinance  of  any  municipality  in  this  State,  shall  hold  such  office 
without  devoting  his  personal  attention  to  the  performance  of 
the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now  or  hereafter  may  become  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to  or  assume  the  duties  of 
any  office  of  trust  or  profit  in  this  State  under  the  laws  thereof, 
or  of  any  municipality  therein,  until  he  shall  have  accounted  for 
and  paid  over  all  public  money  for  which  he  may  be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury,  solicitation  of  bribery,  suborna- 
tion of  perjury,  shall  be  eligible  to  the  General  Assembly,  or 
capable  of  holding  any  office  of  trust  or  profit  in  this  State. 

S-ec.  5.  The  District  Court  of  each  county  shall  at  each 
term  thereof  specially  give  in  charge  to  the  Grand  Jury,  if  there 


CONSTITUTIONAL   CONVENTION.  305 

MIC,  I  In-  laws  regulating  the  accountability  of  the  County 
TI-CJI surer  and  shall  appoint  a  committee  of  such  grand  jury  or  of 
otlnT  reputable  persons,  not  exceeding  five,  to  investigate  the 
official  accounts  and  affairs  of  the  Treasurer  of  such  county  and 
report  to  the  Court  the  condition  thereof.  The  Judge  of  the  Dis- 
1 1  irt  Court  may  appoint  a  like  committee  in  vacation  at  any  time, 
but  not  oftener  than  once  in  every  three  months. 

The  District  Court  of  the  county  wherein  the  seat  of  gov- 
ernment may  be  shall  have  the  like  power  to  appoint  commit- 
tees to  investigate  the  official  accounts  and  affairs  of  the  Audi- 
tor and  Treasurer  of  the  State. 

Sec.  6.  Any  civil  officer  who  shall  solicit,  demand  or  re- 
ceive, or  consent  to  receive,  directly  or  indirectly,  for  himself 
or  for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  reward, 
thing  of  value  or  enjoyment,  or  of  personal  advantage  or  prom- 
ise thereof,  for  his  vote,  official  influence  or  action,  or  for  with- 
holding the  same,  or  with  an  understanding  that  his  official  in- 
fluence or  action  shall  be  in  any  way  influenced  thereby,  or  who 
shall  solicit  or  demand  any  such  money  or  advantage,  or  thing 
aforesaid  for  another,  as  the  consideration  of  his  vote,  official 
influence,  or  action  or  for  withholding  the  same,  or  shall  give 
or  withhold  his  vote,  official  influence,  or  action  in  consideration 
of  the  payment  or  promise  of  such  money  advantage,  matter  or 
thing  to  another,  shall  be  held  guilty  of  bribery  or  solicitation  of 
bribery,  as  the  case  may  be,  within  the  meaning  of  this  Con- 
stitution, and  shall  incur  the  disabilities  provided  thereby  for 
such  offense  and  such  additional  punishment  as  is  or  shall  be 
provided  by  law. 

Sec.  7.  If  any  person  elected  to  either  house  of  the  Gen- 
eral Assembly  shall  offer  or  promise  to  give  his  vote  or  influence  in 
favor  of  or  against  any  measure  or  proposition  pending  or  pro- 
posed to  be  introduced  in  the  General  Assembly  in  consideration 
or  upon  condition  that  any  other  person  elected  to  the  same  Gen- 
eral Assembly  will  give  or  will  promise  or  assent  to  give  his  vote  or 
influence  in  favor  of  or  against  any  other  measure  or  proposition 
pending  or  proposed  to  be  introduced  in  such  General  Assembly, 
the  person  making  such  offer  or  promise  shall  be  deemed  guilty 
of  solicitation  of  bribery.  If  any  member  of  the  General  As- 
sembly shall  give  his  vote  or  influence  for  or  against  any  meas- 
ure or  proposition  pending  in  such  General  Assembly,  or  offer, 
promise  or  assent  so  to  do,  upon  condition  that  any  other  mem- 
ber will  give  or  will  promise  or  assent  to  give  his  vote  or  influ- 
ence in  favor  of  or  against  any  other  measure  or  proposition 
pending  or  proposed  to  be  introduced  in  such  General  Assembly, 
or  in  consideration  that  any  other  member  hath  given  his  vote 
or  influence  for  or  against  any  other  measure  or  proposition  in 
such  General  Assembly,  he  shall  be  deemed  guilty  of  bribery; 
and  any  member  of  the  General  Assembly  or  person  elected 


306  PROCEEDINGS    OF    THE 

thereto  who  shall  be  guilty  of  either  of  such  offenses  shall  be 
expelled  and  shall  not  thereafter  be  eligible  to  the  same  Gen- 
eral Assembly,  and  on  conviction  thereof  in  the  civil  courts 
shall  be  liable  to  such  further  penalty  as  may  be  prescribed  by 
law. 

Sec.  8.  Members  of  the  General  Assembly,  before  they 
enter  upon  their  official  duties  shall  take  the  following  oath  or 
affirmation : 

You  do  solemnly  swear  (or  affirm)  that  you  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  the 
State  of  Colorado,  and  that  you  will  faithfully  perform  the 
duties  of  your  office  according  to  the  best  of  your  ability.  So 
help  you  God. 

This  oath  shall  be  administered  in  the  hall  of  the  house 
to  which  the  member  is  elected. 

Sec.  9.  All  civil  officers  of  the  General  Assembly  and  such 
inferior  officers  as  may  be  by  law  exempted,  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe 
to  the  following  oath  or  affirmation. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the  State 
of  Colorado,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  -  -  whereon  I  am  about  to  enter,  according  to 

the  best  of  my  ability.  So  help  me  God. 

Sec.  10.  Officers  of  the  Executive  Department  and  Judges 
of  the  Supreme  and  District  Courts  shall  file  their  oaths  of  office 
with  the  Secretary  of  State.  All  other  officers  shall  file  their 
oaths  of  office  with  the  County  Clerk  of  the  county  wherein  they 
may  exercise  the  duties  of  their  office. 

Sec.  11.  If  any  person  elected  or  appointed  to  any  office 
shall  refuse  or  neglect  to  qualify  therein  within  the  time  which 
may  be  prescribed  by  law,  such  office  shall  be  deemed  vacant. 

Sec.  12.  Previous  to  entering  on  the  duties  of  their  respec- 
tive offices  all  civil  officers  of  this  State  shall  give  bond  with 
security  in  the  manner  and  in  such  amount  as  shall  be  pre- 
scribed by  law;  Provided,  that  the  officers  elected  on  the  first 
Tuesday  in  October,  A.  D.  1876,  shall  give  bond  with  security 
to  the  State  of  Colorado  in  the  amount  and  in  such  manner  as 
is  now  prescribed  by  law  for  such  officers,  respectively,  in  the 
Territory  of  Colorado. 

On  motion  of  Mr.  James,  the  Article  on  Officers  and  Oath  of 
Office  was  referred  to  the  Committee  on  Revisions  and  Adjust 
ments. 

Mr.  Marsh  moved  that  the  Convention  reconsider  the  vofr 
by  which  the  consideration  of  the  report  of  the  Committee  01 
Eights  of  Suffrage  and  Elections  was  made  the  special  order  fort 
Mondav  next. 


CONSTITUTIONAL    CON \  KM  ION.  307 

And  tlir  question  being  upon  tin-  motion  of  Mr.  Marsh  to 
reconsider,  and  being  put  and  a  decision  called,  it  was  decided 
in  the  negative — ayes,  11;  noes,  15. 

So  the  Convention  refused  to  reconsider. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing,  re- 
ported back  to  the  Convention  the  report  of  the  Committee  on 
Miscellaneous  Subjects  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  placed 
on  file  by  the  Secretary. 

On  motion  of  Mr.  Thatcher,  the  "Preamble"  to  the  Consti- 
tution, as  reported  by  the  Committee  of  the  Whole,  was  taken 
from  the  table. 

On  motion  of  Brornwell,  the  amendments  to  the  "Preamble," 
as  reported  by  the  Committee  of  the  Whole,  were  concurred  in 
by  the  Convention,  viz.:  To  insert  after  the  word  "Colorado,"  in 
the  first  line,  the  words,  "with  profound  reverence  for  the  Su- 
preme Ruler  of  the  Universe,"  and  to  strike  out  the  word,  "gov- 
ernment," in  the  third  line. 

Mr.  Douglas  moved  to  amend  the  Preamble  by  inserting 
after  the  word,  "Universe,"  the  words,  "Grateful  for  His  good- 
ness and  humbly  invoking  His  guidance." 

And  the  question  being  upon  the  motion  of  Mr.  Douglas  to 
amend,  and  being  put,  it  was  decided  in  the  negative — ayes,  12; 
noes,  22.  And  the  ayes  and  noes  being  called  for,  those  voting 
in  the  affirmative  are:  Messrs.  Barela,  Boyles,  Bromwell,  Cooper, 
Douglas,  Hurd,  Kennedy,  Marsh,  Quillian,  Rockwell,  Stover, 
Thatcher. 

Those  voting  in  the  negative  are :  Messrs.  Beck,  Carr,  Cush- 
man,  Clark,  Crosby,  Ellsworth,  Elder,  Ebert,  Felton,  Garcia, 
Head,  James,  Meyer,  Plumb,  Pease,  Vigil,  Webster,  Wells,  Wil- 
cox,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Douglas. 

Mr.  Bromwell  moved  to  amend  the  "Preamble,"  by  insert- 
ing after  the  word  "Universe,"  the  words  "and  grateful  for 
the  civil,  political  and  religious  liberty  we  have  hitherto  en- 
joyed, for  the  purpose  of  transmitting  the  same  unimpaired  to 
succeeding  generations." 

And  the  question  being  upon  the  motion  of  Mr.  Bromwell 
to  amend,  and  being  put,  it  was  decided  in  the  negative — ayes, 
12;  noes,  22. 

And  the  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Barela,  Boyles,  Bromwell,  Cooper,  Douglas,  Hurd, 
Kennedy,  Marsh,  Quillian,  Rockwell,  Stover,  Thatcher. 

Those  voting  in  the  negative  are: 


308  PROCEEDINGS    OF    THE 

Messrs.  Beck,  Carr,  Cushman,  Clark,  Crosby,  Ellsworth, 
Elder,  Ebert,  Felton,  Garcia,  Head,  James,  Meyer,  Plumb,  Pease, 
Vijil,  Webster,  Wells,  Wilcox,  Wheeler,  Yount,  Mr.  President. 

So  the  convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Bromwell. 

Mr.  Yount  moved  the  adoption  of  the  Preamble  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being,  "Will  the  Convention  adopt  the  Pre- 
amble to  the  Constitution  as  reported  by  the  Committee  of  the 
Whole?"  and  being  put,  it  was  decided  in  the  affirmative — ayes, 
30;  noes,  4. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Boyles,  Bromwell,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Garcia,  Hurd,  Head, 
James,  Kennedy,  Marsh,  Meyer,  Plumb,  Pease,  Quillian,  Rockwell, 
Stover,  Thatcher,  Vigil,  Webster,  Wilcox,  Wheeler,  Yount,  Mr. 
President. 

Those  voting  in  the  negative  are: 

Messrs.  Barela,  Beck,  Ebert,  Wells. 

So  the  Convention  adopted  the  Preamble  as  follows: 

PREAMBLE. 
i 

We,  the  people  of  Colorado,  with  profound  reverence  for  the 
Supreme  Ruler  of  the  Universe,  in  order  to  form  a  more  indepen- 
dent and  perfect  government,  establish  justice,  insure  tranquil- 
lity, provide  for  the  common  defense,  promote  the  general  wel- 
fare and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for  a  State 
to  be  known  as  "the  State  of  Colorado." 

On  motion  of  Mr.  Clark  the  Preamble  as  adopted  by  the 
Convention  was  ordered  engrossed  and  referred  to  the  Commit- 
tee on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Yount,  the  Convention  adjourned  until  9 
o'clock  a.  m.  tomorrow. 


CONSTITUTIONAL   CONVENTION.  309 


SATURDAY,  FEBRUARY  12TH,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  Eads. 

Roll  called. 

Absent — Messrs.  Hough,  Lee,  Rockwell,  Webster  and  Wid- 
derfield. 

The  Journal  having  been  partially  read,  Mr.  Stover  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
report  of  the  Committee  on  Irrigation,  Agriculture  and  Manufac- 
tures be  dispensed  with,  which  was  agreed  to. 

Mr.  Ebert  also  moved  to  dispense  with  the  reading  of  so 
much  of  the  Journal  as  embraced  the  report  of  the  Committee 
on  Forest  Culture,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  approved. 

Mr.  Marsh  asked  leave  of  absence  for  Mr.  Rockwell  until 
Monday  morning,  which  was  granted. 

Mr.  Beck  asked  for  leave  of  absence  until  Monday  morning, 
which  was  granted. 

Mr.  Wilcox  introduced  the  following  resolution  and  moved 
that  its  consideration  be  made  the  order  for  Monday  next  at  2 
o'clock  p.  m. 

Resolved,  That  this  Convention  adjourn  sine  die  on  Wed- 
nesday, the  23d  inst,  at  12  m.  of  said  day. 

Mr.  White  moved  that  the  consideration  of  the  resolution 
introduced  by  Mr.  Wilcox  be  indefinitely  postponed,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  White  to 
indefinitely  postpone. 

Mr.  Ebert  presented  the  following  petition,  which  on  the 
motion  of  Mr.  Carr,  was  ordered  spread  on  the  Journal,  omitting 
the  names: 

To  the  Honorable  Constitutional  Convention  now  assembled  in 

Denver,  Colorado: 

"We,  the  undersigned,  do  respectfully  petition  your  honor- 
able body  to  insert  in  the  Constitution  you  are  now  preparing 
for  the  prospective  State  of  Colorado,  a  provision  which  will 
forever  prevent  the  possibility  of  dividing  the  public  school  fund 
or  to  permit  the  use  of  any  portion  of  it  for  the  support  of  sec- 
tarian schools.  We  urge  upon  you  the  necessity  of  settling  this 
vexed  question  by  such  a  Constitutional  provision. 

(Signed)     JOHN  C.  MAYER, 

And  forty-three  others. 

Also  a  similar  petition  signed  by  H.  Hiblichle  and  69  others. 


310  PROCEEDINGS    OF    THE 

Also  a  similar  petition  signed  by  Chas.  Schrader  and  73 
others. 

Also  a  similar  petition  signed  by  J.  B.  Groesbock  and  57 
others. 

Also  a  similar  petition  signed  by  Joseph  Ham  and  83  others. 

Also  a  similar  petition  signed  by  W.  Whist  and  14  others. 

Also  a  similar  petition  signed  by  Emile  Gehring  and  153 
others. 

Also  a  similar  petition  signed  by  Dock  Warner  and  42  others. 

Also  a  similar  petition  signed  by  Alex.  Vogt  and  53  others. 

Also  a  similar  petition  signed  by  Max  Weinger  and  47 
others. 

Also  a  similar  petition  signed  by  K.  Engel  and  26  others. 

Also  a  similar  petition  signed  by  Fritz  Messenger  and  61 
others. 

The  President  presented  the  following  communication. 

Denver,  Colo.,  Februarly  llth,  1876. 
To  the  Honorable  the  Members  of  the  Constitutional  Convention: 

Gentlemen — You  are  cordially  invited  to  attend  Divine  ser- 
vice at  St.  John's  Episcopal  Church,  corner  of  14th  and  Arapa- 
hoe  streets,  on  Sunday  evening  next  (February  13th)  at  half  past 
seven  o'clock. 

The  Rt.  Rev.  J.  F.  Spalding,  D.  D.,  Bishop  of  the  Protestant 
Episcopal  Church  in  Colorado,  will  preach  on  the  occasion  on 
the  subjects  connected  with  the  interests  of  the  church  in  this 
Territory,  and  upon  which  he  would  like,  if  possible,  to  secure  a 
hearing  from  your  honorable  body.  I  am 

Very  respectfully,  your  obedient  servant, 

P.  VOORHIES  FINCH, 
Rector  of  St.  John's  Church. 

The  communication  was  received  and  placed  on  file  by  the 
Secretary. 

Mr.  Webster  appeared  and  took  his  seat. 

Mr.  Hurd,  chairman  of  the  Committee  on  Education  and  Ed- 
ucational  Institutions,   presented   the   following   report,   which 
was  received  and  placed  on  file  by  the  Secretary. 
To  the  Honorable  Constitutional  Convention: 

Gentlemen — Your  Standing  Committee  on  Education  and 
Educational  Institutions,  to  whom  was  [were]  referred  several 
petitions  upon  the  division  of  the  public  school  fund,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  find 
that  these  petitions  for  and  against  such  division  contain  nearly 
an  equal  number  of  names. 


CONSTITfTlONAL    ro.\  VKNTloN.  311 

\\e  refer  these  petitions  back  to  the  Convention  \vitlioiit 
recommendation.  All  of  which  is  respectfully  submitted. 

D.  HTJRD, 

Chairman. 

Denver,  February  12th,  187G. 

Mr.  .Meyer,  chairman  of  the  Special  Committee  of  Confer- 
ence with  the  Legislature,  made  a  verbal  report  that  the  Legis- 
lature had  made  an  appropriation  of  twenty-six  thousand  dol- 
lars to  defray  the  expenses  of  the  Convention,  and  asked  that 
the  Special  Committee  be  discharged. 

On  motion  of  Mr.  Wilcox,  the  report  wras  received  and  the 
committee  discharged. 

The  President  announced  the  next  order  of  business  to  be 
the  special  order  for  the  consideration  of  the  report  of  the  Com- 
mittee on  Education  and  Educational  Institutions. 

On  motion  of  Mr.  Beck,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Commit- 
tee on  Education  and  Educational  Institutions,  Mr.  Kennedy  in 
the  chair,  and  after  some  time  spent  therein,  the  President  re- 
sumed the  chair  and  Mr.  Kennedy  reported  that  the  Committee 
of  the  Whole  Convention,  to  wrhom  was  referred  the  report  of  the 
Committee  on  Education  and  Educational  Institutions,  having, 
according  to  order,  had  under  consideration  said  report,  had 
made  some  progress  therein  and  asked  leave  to  sit  again. 

On  motion  of  Mr.  White,  the  report  was  received  and  time 
granted  to  sit  again  at  2  o'clock. 

Mr.  Crosby  moved  that  the  Convention  adjourn  until  9 
o'clock  a.  m.  on  Monday. 

Mr.  Cooper,  as  an  amendment,  moved  that  the  Convention 
adjourn  until  2  o'clock  this  afternoon,  wrhich  was  agreed  to. 

So  the  Convention  adjourned  until  2  o'clock  this  afternoon. 


2  O'CLOCK  P.  M. 

Convention  met,  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Beck,  Felton,  Garcia, 
Hough,  Head,  Lee,  Plumb,  Rockwell,  Vigil  and  Widderfield. 

Mr.  Marsh  asked  for  leave  of  absence,  after  3  o'clock,  until 
Monday  morning,  which  was  granted. 

Messrs.  Barela,  Boyles,  Felton,  Garcia,  Head  and  Vijil  ap- 
peared-and  took  their  seats. 

On  motion  of  Mr.  Quillian,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Education  and  Educational  Institutions,  Mr. 
Kennedy  in  the  chair;  and,  after  some  time  spent  therein,  the 
President  resumed  the  chair,  and  Mr.  Kennedy  reported  that  the 


312  PROCEEDINGS   OP    THE 

Committee  of  the  Whole  Convention,  to  whom  was  referred  the 
report  of  the  Committee  on  Education  and  Educational  Institu- 
tions, having,  according  to  order,  had  under  consideration  said 
report,  had  made  further  progress  therein  and  asked  leave  to 
sit  again. 

On  motion  of  Mr.  White  the  report  was  received  and  leave 
granted. 

On  motion  of  Mr.  White,  the  Convention  adjourned  until  9 
o'clock  a.  m.  on  Monday. 


CONSTITUTIONAL   CONVENTION.  313 


MONDAY,  FEBRUARY  14,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Bliss. 

Roll  called.  Absent — Messrs.  Boyles,  Beck,  Cushman,  Dou- 
glas, Hough,  Plumb,  Pease,  Rockwell,  Stone,  Webster,  White 
and  Widderfield. 

The  Journal  of  the  preceding  day  was  read  and  approved. 

The  President  asked  for  leave  of  absence  until  Wednesday 
for  Mr.  Cushman,  which  was  granted. 

Mr.  Ebert  presented  the  following  petition,  and  on  his  own 
motion  it  was  ordered  spread  on  the  Journal,  omitting  the 
names,  and  referred  to  the  Committee  on  Education  and  Educa- 
tional Institutions: 

To  the  Honorable  Constitutional  Convention  now  assembled  in 

Denver,  Colorado: 

We,  the  undersigned,  do  respectfully  petition  your  honor- 
able body  to  insert  in  the  Constitution  you  are  now  framing  for 
the  prospective  State  of  Colorado,  a  provision  which  will  forever 
prevent  the  possibility  of  dividing  the  Public  School  Fund  or  to 
permit  the  use  of  any  portion  of  it  for  the  support  of  sectarian 
schools ;  we  urge  upon  you  the  necessity  of  settling  the  vexed  ques- 
tion by  such  a  constitutional  provision. 

(Signed)     LEOPOLD  LOHMAN, 

And  thirty-three  others. 

Also  a  similar  petition  from  Henry  Clunson  and  fourteen 
others. 

Also  a  similar  petition  from  Henry  Fuerstein  and  thirty-five 
others. 

Also  a  similar  petition  from  E.  Wortman  and  thirteen 
others. 

Also  a  similar  petition  from  H.  Wortman  and  fourteen 
others. 

Also  a  similar  petition  from  Jacob  Mathias  and  seventeen 
otliors. 

Also  a  similar  petition  from  Albert  H.  Weber  and  sixty-one 
others. 

Also  a  similar  petition  from  John  C.  Kaufman  and  eleven 
)thers. 

Also  a  similar  petition  from  R.  Kaltenbach  and  brother  and 
:welve  others. 

Also  a  similar  petition  from  C.  M.  Schayer  and  twenty-one 
)thers. 


314  PROCEEDINGS    OF    THE 

Also  a  similar  petition  from  George  W.  Chambers  and  four 
others. 

Also  a  similar  petition  from  Edward  Pisko  and  nine  others. 

Also  a  similar  petition  from  John  Robertson  and  eight 
others. 

Also  a  similar  petition  from  William  Holly  and  twenty-two 
others. 

Also  a  similar  petition  from  Erchard  Mung  and  sixteen 
others. 

Also  a  similar  petition  from  H.  R.  Price  and  106  others. 

Mr.  Yount  offered  the  following  resolution,  which,  on  his 
own  motion,  was  referred  to  the  Committee  on  Revenue  and 
Finance: 

Resolved,  The  Committee  on  Finance  be  instructed  to  report 
for  the  consideration  of  this  Convention  a  section  or  sections  on 
legislative  appropriations,  looking  to  a  more  safe  and  secure 
method  of  appropriating  and  disbursing  the  public  funds. 

Mr.  Carr  presented  the  following  memorial,  and  on  his  own 
motion,  it  was  ordered  spread  on  the  Journal  and  laid  upon  the 
table  for  consideration  when  the  reports  of  the  Committee  on 
Rights  of  Suffrage  and  Elections  are  before  the  Convention: 

MEMORIAL    OF    THE    MASSACHUSETTS    WOMEN    SUF- 
FRAGE ASSOCIATION. 

To  the  Constitutional  Convention  of  Colorado,  now  in  session  at 

Denver : 

Gentlemen — At  the  seventh  annual  meeting  of  the  Massa- 
chusetts Woman  Suffrage  Association,  held  in  Boston,  January 
26,  1876,  the  following  resolution  was  unanimously  adopted : 

Resolved,  That  the  officers  of  the  association  be  hereby  in- 
structed to  address  a  memorial  to  the  Constitutional  Convention 
of  Colorado,  now  in  session  in  Denver,  asking  them  to  incor- 
porate impartial  suffrage  for  wTomen  in  the  Constitution  of  the 
Centennial  State. 

Resolved,  That  in  view  of  the  complete  practical  success  of 
woman's  suffrage  in  Wyoming  and  of  the  constitutional  amend- 
ment just  adopted  in  Minnesota,  providing  that  women  may  vote 
at  any  elections  for  officers  of  schools  or  in  any  measure  relat- 
ing to  schools,  and  may  be  eligible  to  any  office  pertaining  to 
the  management  of  schools;  and  in  view  of  the  beneficial  results 
of  woman  suffrage  in  England,  Holland,  Austria  and  Sweden, 
we  appeal  to  the  good  men  of  all  parties  to  signalize  this  cen- 
tennial year  of  American  independence  by  establishing  impartial 
suffrage  and  equal  rights  for  all. 

In  presenting  these  resolutions  to  the  Constitutional  Conven- 
tion of  Colorado,  now  in  session  at  Denver,  we  offer  our  sincere 
congratulations  to  our  younger  sister  State  that  she  will  enter 


CONSTITUTIONAL    CONVENTION.  315 

the  rnioii  ;it  the  end  of  a  hundred  years  of  our  national  life, 
;m<l  i hat  as  our  fathers  made  themselves  a  name  forever  mem- 
orable by  enumerating  the  grand  principle  of  equal  rights  for  all, 
to  you  also  comes  the  opportunity  to  crown  the  century,  honor 
\onrselves  and  confer  untold  blessings  upon  future  generations 
by  applying  the  principle  and  establishing  impartial  suffrage  for 
all  American  citizens,  irrespective  of  sex. 

JAMES  FREEMAN  CLARKE, 

President. 
WM.  LLOYD  GARRISON, 

First  Vice  President. 
LUCY  STONE, 

Chairman  of  Exec.  Com. 
HENRY  B.  BLACKWELL, 

Corresponding  Secretary. 
Boston,  February  5,  1876. 

Mr.  Yount,  of  the  Committee  on  Printing,  reported  back  to 
the  Convention  the  report  of  the  Committee  on  Irrigation,  Agri- 
cult  lire  and  Manufactures,  and  the  report  of  the  Committee  of 
the  Whole  on  State  Institutions  and  Buildings  as  correctly 
printed.  There  being  no  objection,  the  reports  were  received  and 
placed  on  file  by  the  Secretary. 

On  motion  of  Mr.  Hurd,  the  privileges  of  the  hall  were 
granted  to  the  ladies  present. 

On  motion  of  Mr.  Wilcox,  the  special  order  for  this  day  for 
the  consideration  of  the  majority  and  minority  reports  of  the 
Committee  on  Rights  of  Suffrage  and  Elections  was  discharged. 

Messrs.  Boyles,  Douglas,  Stone,  Webster  and  White  ap- 
peared and  took  their  seats. 

On  motion  of  Mr.  Douglas,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Commit- 
tee on  Education  and  Educational  Institutions,  Mr.  Kennedy 
in  the  chair;  and,  after  some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  Kennedy  reported  that  the  Commit- 
tee of  the  Whole  Convention,  to  whom  was  referred  the  report 
of  the  Committee  on  Education  and  Educational  Institutions, 
having,  according  to  order  had  under  consideration  said  report, 
had  made  further  progress  therein  and  asked  leave  to  sit  again. 

on  motion  of  Mr.  Clark,  the  report  was  received  and  leave 
granted  to  sit  again. 

On  motion  of  Mr.  Clark,  the  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Rights  of  Suffrage  and 
Elections  was  made  the  special  order  immediately  after  the  re- 
port of  the  Committee  on  Education  and  Educational  Institu- 
tions is  disposed  of. 

On  motion  of  Mr.  Hurd,  the  convention  adjourned  until  2 
o'clock  p.  m. 


316  PROCEEDINGS    OF    THE 

2   O'CLOCK   P.   M. 

Convention  met  pursuant  to  adjournment.    / 

Roll  called.  Absent — Messrs.  Beck,  Cuslmian,  Crosby,  El- 
der, Garcia,  Hough,  Marsh,  Rockwell,  Stone,  Wells,  and  Wid- 
derfield. 

Mr.  Boyles  presented  the  resignation  of  Mr.  David  F.  Wil- 
kins,  interpreter,  as  follows: 

Denver,  February  14,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — I  hereby  tender  my  resignation  as  interpreter 
of  the  Convention. 

(Signed)     D.  F.  WILKINS. 

On  motion  of  Mr.  Boyles,  the  resignation  of  David  F.  Wil- 
kins,  the  interpreter,  was  accepted. 

On  motion  of  Mr.  Boyles,  Mr.  C.  Dominguez  was  appointed 
interpreter  to  the  Convention. 

The  President  administered  the  oath  to  C.  Dominguez  as  in- 
terpreter to  the  Convention. 

Messrs.  Elder,  Garcia,  Stone  and  Wells  appeared  and  took 
their  seats. 

On  motion  of  Mr.  Clark,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  further  consider  the  report  of  the 
Committee  on  Education  and  Educational  Institutions.  Mr. 
Kennedy  in  the  chair.  And,  after  some  time  spent  therein,  the 
President  resumed  the  chair,  and  Mr.  Kennedy  submitted  the 
following  report: 

Denver,  February  11,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado. 

Gentlemen — The  Committee  of  the  Whole  Convention  on 
Education  and  Educational  Institutions,  having,  according  to 
order  had  under  consideration  said  report,  have  directed  me  to 
report  the  same  back,  with  sundry  amendments  thereto,  and  ask 
the  concurrence  of  the  Convention  therein  in  the  words  follow- 
ing, viz. : 

WM.  R.  KENNEDY. 

Chairman  Committee  of  the  Whole 
EDUCATION  AND  EDUCATIONAL  INSTITUTIONS. 

Section  1.  The  general  supervision  of  the  public  schools 
of  this  State  shall  be  vested  in  a  Board  of  Education,  whose 
powers  and  duties  shall  be  prescribed  by  law;  the  State  Superin- 
tendent of  Public  Instruction  shall  be  president  of  this  board; 
the  Secretary  of  State  and  Attorney  General  shall  be  ex-officio 
members,  and  with  the  Superintendent  of  Public  Instruction 


CONSTITUTIONAL    CONVENTION.  317 

compose  the  State  Board  of  Education.  They  shall  have  no 
pmver  to  prescribe  text  books  for  the  common  schools  for  the 
State  of  Colorado. 

Sec.  2.  The  General  Assembly  shall,  as  soon  as  practicable 
after  the  adoption  of  this  Constitution,  provide  for  the  establish- 
ment and  maintenance  of  a  thorough  and  uniform  system  of  free 
public  schools  throughout  the  State,  where  all  residents  of  the 
State  between  the  ages  of  6  and  21  years  may  be  educated  gratu- 
itously. One  or  more  public  schools  shall  be  maintained  in  each 
school  district  within  the  State  at  least  three  months  in  each 
year.  Any  school  district  failing  to  have  such  school  shall  not 
be  entitled  to  receive  any  portion  of  the  school  fund  for  that 
year. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact;  the  interest  thereon  only  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State,  and 
shall  be  distributed  amongst  the  several  counties  and  school  dis- 
tricts of  the  State  in  such  manner  as  may  be  prescribed  by  law. 
No  part  of  this  fund,  principal  or  interest,  shall  ever  be  trans- 
ferred to  any  other  fund  or  used  or  appropriated  except  as  here- 
in provided.  The  State  Treasurer  shall  be  the  custodian  of 
this  fund. 

Sec.  4.  All  school  funds  belonging  to  the. counties  or  school 
districts  of  this  State  shall  be  collected  by  the  County  Treas- 
urers and  held  by  them  until  disbursed  to  the  proper  districts 
by  warrants  drawn  on  the  County  Treasurers  by  County  Super- 
intendents, or  by  proper  district  authorities,  as  may  be  pro- 
vided by  law. 

S-ec.  5.  The  public  school  fund  of  this  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  or  may  here- 
after be  granted  to  the  State  by  the  General  Government  for 
educational  purposes;  all  estates  that  may  escheat  to  the  State; 
also  all  other  grants,  gifts  or  devises  that  may  be  made  to  this 
State  for  educational  purposes. 

Sec.  6.  There  shall  be  a  County  Superintendent  of  Schools 
in  each  county  in  this  State,  whose  term  of  office  shall  be  two 
years  and  whose  duties,  qualifications  and  compensation  shall 
be  prescribed  by  law;  the  County  Superintendent  of  Schools 
shall  be  ex-officio  Commissioner  of  Lands  in  his  county  and  shall 
discharge  the  duties  of  said  office  under  the  direction  of  the 
State  Board  of  Land  Commissioners,  as  directed  by  law. 

Sec.  7.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  public  corporation  shall 
ever  make  any  appropriation  or  pay  from  any  public  fund  or 
moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society  or  for  any  sectarian  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution  controlled  by  any  church  or  sec- 
tarian denomination  whatsoever;  nor  shall  any  grant  or  dona- 


318  *  PROCEEDINGS   OF    THE 

tion  of  land,  money  or  other  personal  property  ever  be  made  by 
the  State  or  any  such  public  corporation  to  any  church  for  sec- 
tarian purpose. 

Sec.  8.  No  religious  test  or  qualification  shall  ever  be  re- 
quired of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  this  State,  either  as  teacher  or  stu- 
dent, and  no  teacher  or  student  of  any  such  institution  shall  ever 
be  required  to  attend  or  participate  in  any  religious  service  what- 
ever; nor  shall  any  distinction  or  classification  of  pupils  be 
made  on  account  of  race  or  color. 

Sec.  9.  The  Superintendent  of  Public  Instruction,  Secre- 
tary of  State  and  Attorney  General  shall  constitute  the  State 
Board  of  Land  Commissioners,  who  shall  have  the  direction, 
control  and  disposition  of  the  public  lands  of  the  State  under 
such  regulations  as  may  be  prescribed  by  law. 

Sec.  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  the  lands  heretofore,  or  which  may  here- 
after be  granted  to  the  State  by  the  General  Government,  under 
such  regulations  as  may  be  prescribed  by  law,  and  in  such 
manner  as  will  secure  the  maximum  possible  amount  therefor. 
No  law  shall  ever  be  passed  by  the  General  Assembly  granting 
any  privileges  to  persons  who  may  have  settled  upon  any  such 
public  lands  subsequent  to  the  survey  thereof  by  the  General 
Government,  by  which  the  amount  to  be  derived  by  the  sale  or 
other  disposition  of  such  lands  shall  be  diminished  directly  or 
indirectly. 

Sec.  11.  The  General  Assembly  may  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend 
the  public  schools  during  the  period  between  the  ages  of  6  and 
18  years  for  a  time  equivalent  to  three  years,  unless  educated 
by  other  means. 

Sec.  12.  The  General  Assembly  shall  by  law  provide  for 
organization  of  school  districts  of  convenient  size,  in  each  of 
which  shall  be  established  a  Board  of  Education,  to  consist  of 
three  or  more  directors,  to  be  elected  by  the  people  of  the  dis- 
trict. Such  directors  shall  have  control  of  instruction  in  the 
public  schools  of  their  respective  districts. 

On  motion  of  Mr.  Felton,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

There  being  no  objection,  Mr.  Barela  offered  the  following 
resolution,  and  moved  its  adoption: 

Kesolved,  That  the  interpreter,  Mr.  P.  Wilkins,  be  allowed 
the  sum  of  seven  dollars  per  day,  as  allowed  by  the  Legislature. 

Mr.  Felton,  as  an  amendment,  moved  that  the  consideration 
of  the  resolution  be  postponed  until  tomorrow  after  the  regular 
order  of  business,  and  the  question  being  upon  the  motion  of 
Mr.  Felton  to  postone,  and  being  put  and  a  division  being 


CONSTITI  TIONAL    CON  VK  NT  I  ON.  319 

called,  it  was  decided  in  the  affirmative.  Ayes,  11';  noes,  10.  So 
the  Convention  concurred  in  the  motion  of  Mr.  Fclton  to  post- 
pone. 

.Mr.  Me\er  moved  that  the  Convention  adjourn  until  9  o'clock 
a.  m.  tomorrow,  and  the  (|iiestion  being  upon  the  motion  offMr. 
Meyer  to  adjourn  and  being  put,  it  was  decided  in  the  affirmative. 
Axes.  L'O;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affir- 
mative are:  Messrs.  Barela,  Bromwell,  Cooper,  Ellsworth,  El- 
der. Ebert,  Garcia,  Head,  Hurd,  James,  Kennedy,  Lee,  Meyer, 
Stone.  Stover,  That*  her.  Vigil,  Webster,  Wheeler,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Boyles,  Carr, 
Clark,  Douglas,  Felton,  Plumb,  Pease,  Quillian,  Wells,  Wrilcox, 
Youut. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Meyer 
to  adjourn  until  9  o'clock  a.  m.  tomorrow. 


320  PROCEEDINGS    OF    THE 


TUESDAY,  FEBRUARY  15,  1876,  9  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  Millington. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Cushman, 
Cooper,  Felton,  Garcia,  Lee,  Pease,  Rockwell,  Stone,  Webster, 
White  and  Wells. 

The  President  asked  for  leave  of  absence  for  ten  days  or 
two  weeks  for  Messrs.  Barela  and  Garcia,  which  was  granted. 

Mr.  Ellsworth  asked  for*  leave  of  absence  for  Mr.  Wells  for 
this  day,  which  was  granted. 

The  Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  reading  of  so  much  of  the  Journal  as  embraced 
the  report  of  the  Committee  of  the  Whole  on  Education  and 
Educational  Institutions  be  dispensed  with,  which  was  agreed 
to.  The  remaining  portion  of  the  Jourunal  was  then  read  and 
the  same  approved. 

Messrs.  Cooper  and  Felton  and  Lee  appeared  and  took  their 
seats. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing,  re- 
ported back  to  the  Convention  the  preamble  to  the  Constitution 
as  correctly  engrossed.  There  being  no  objection,  the  reports 
were  received  and  filed  by  the  Secretary. 

On  motion  of  Mr.  Bromwell,  the  Committee  on  Commerce 
was  discharged  from  further  consideration  of  the  subject. 

Mr.  Yount,  Chairman  of  the  Committee  on  Accounts  and  Ex- 
penditures of  the  Convention,  reported  that  a  certificate  for 
fifty-one  and  one-half  days'  service  as  interpreter  had  been  fur- 
nished to  David  F.  Wilkins,  which  certificate  had  been  signed 
by  the  President. 

On  motion  of  Mr.  Yount,  the  resolution  offered  yesterday 
by  Mr.  Barela  was  adopted,  viz.: 

Resolved,  That  the  interpreter,  Mr.  D.  F.  Wilkins,  be  allowed 
the  sum  of  seven  dollars  per  day  as  allowed  by  the  Legislature. 

On  motion  of  Mr.  James,  the  special  order  for  the  considera- 
tion this  day  of  the  report  of  the  Committee  on  Judiciary  was 
discharged. 

Mr.  Marsh  presented  a  petition  from  248  citizens  of  Boulder 
and  Gilpin  counties,  asking  that  provisions  be  inserted  in  the 
Constitution  providing  for  compulsory  education,  and  for  the 
non-division  of  the  school  fund,  which,  on  his  own  motion,  was 
laid  upon  the  table. 

Messrs.  Boyles,  Cushman,  Stone,  Webster,  White  and  Rock- 
well appeared  and  took  their  seats. 

On  motion  of  Mr.  Widderfield,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 


CONSTITUTIONAL   CONVENTION.  321 

mil  tec  on  Rights  of  Suffrage  and  Elections,  Mr.  Quillian  in  the 
chair;  ami.  afh-r  SOUK-  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Quillian  reported  that  the  Committee 
of  the  Whole  Convention,  to  whom  was  referred  the  report  of  the 
Committee  on  Rights  of  Suffrage  and  Elections,  having,  accord- 
ing to  order  had  under  consideration  said  report,  had  made  some 
progress  therein  and  asked  leave  to  sit  again  at  2  o'clock.  On 
motion  of  Mr.  Kennedy,  the  report  was  received  and  leave 
granted  to  sit  again  at  2  o'clock  p.  in. 

On  motion  of  Mr.  Carr,  the  Convention  adjourned  until  2 
o'clock  p.  in. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Bromwell, 
Ellsworth,  Garcia,  James,  Lee,  Pease,  Rockwell,  Thatcher  and 
White. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Rights  of  Suffrage  and  Elections.  Mr. 
Quillian  in  the  chair.  And,  after  some  time  spent  therein,  the 
President  resumed  the  chair,  and  Mr.  Quillian  submitted  the 
following  report: 

Denver,  Colorado,  February  15,  1876. 

Mr.  President — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Rights  of 
Suffrage  and  Elections,  having,  according  to  order  had  under 
consideration  said  report,  have  directed  me  to  report  the  same 
back,  with  sundry  amendments  thereto,  and  ask  the  concurrence 
of  the  Convention  therein  in  the  words  following,  viz.: 

R.  A.  QUILLIAN, 
Chairman  Committee  of  the  Whole. 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  person  over  the  age  of  21  years 
possessing  the  following  qualifications  shall  be  entitled  to  vote 
at  all  elections: 

First — He  shall  be  a  citizen  of  the  United  States;  or,  not 
being  a  citizen  of  the  United  States,  he  shall  have  declared  his 
intention  to  become  such  citizen  according  to  law  not  less  than 
four  months  before  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  State  six  months  im- 
mediately preceding  the  election  at  which  he  offers  to  vote,  and 
in  the  county,  city,. town,  ward  or  precinct  such  time  as  may  be 
prescribed  by  law;  provided,  however,  that  in  all  elections  for 
district  school  officers  and  in  voting  upon  all  questions  relating 
to  public  schools  within  such  districts,  there  shall  be  no  distinc- 

11 


322  PROCEEDINGS   OF    THE 

tion  on  account  of  sex;  every  such  qualified  elector  shall  be  elig- 
ible to  hold  any  office  within  such  district. 

Sec.  2.  The  General  Assembly  shall  at  its  first  session 
after  the  adoption  of  this  Constitution,  and  may  at  any  time 
thereafter,  extend  by  law  the  right  of  suffrage  to  persons  not 
herein  enumerated;  but  no  such  law  shall  take  effect  or  be  in 
force  until  the  same  shall  have  been  submitted  to  a  vote  of  the 
people  at  a  general  election  and  approved  by  a  majority  of  all 
the  votes  cast  for  and  against  such  law. 

Sec.  3.  The  General  Assembly  may  prescribe  by  law  an 
educational  qualification  for  electors,  but  no  such  law  shall  take 
effect  or  be  in  force  prior  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety  (1890),  and  no  person  who  shall  be  a 
qualified  elector  prior  to  the  year  one  thousand  eight  hundred 
and  ninety  (1890)  shall  be  disqualified  by  virtue  of  such  law. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  a  residence  by  reason  of  his  presence  or  lost 
it  by  reason  of  his  absence  while  employed  in  the  service,  either 
civil  or  military,  of  this  State  or  the  United  States,  nor  while  a 
student  of  any  institution  of  learning,  nor  while  kept  in  any 
poorhouse  or  other  asylum  at  public  expense,  nor  while  confined 
in  public  prison. 

Sec.  5.  Voters  shall  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections  and  in  going  to  and  returning  therefrom. 

Sec.  6.  No  person  shall  be  elected  or  appointed  to  any  civil 
or  military  office  in  this  State  who  does  not  possess  all  the 
qualifications  of  an  elector  as  prescribed  in  Section  1  of  this 
article. 

Sec.  7.  The  general  election  of  all  officers,  except  as  herein 
otherwise  provided,  shall  be  held  on  the  first  Tuesday  in  October, 
in  the  years  of  our  Lord  one  thousand  eight  hundred  and  sev- 
enty-six (1876)  and  one  thousand  eight  hundred  and  seventy- 
eight  (1878),  and  thereafter  as  may  be  provided  by  law. 

Sec.  8.  All  elections  by  the  people  shall  be  by  ballot.  Every 
ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall  be 
received  and  the  number  be  recorded  by  the  election  officers  on 
the  list  of  voters  opposite  the  name  of  the  voter  who  presents 
the  ballot.  The  election  officers  shall  be  sworn  or  affirmed  not 
to  disclose  how  any  voter  shall  have  voted,  unless  required  to  do 
so  as  witnesses  in  a  judicial  proceeding;  provided,  that  in  all 
cases  of  contested  elections  the  ballots  cast  may  be  counted, 
compared  with  the  list  of  voters  and  examined  under  such  safe- 
guards and  regulations  as  may  be  prescribed  by  law. 

Sec.  9.  In  trials  of  contested  elections  and  for  offenses  aris- 
ing under  the  election  law,  no  person  shall  be  permitted  to  with- 
hold his  testimony  on  the  ground  that  it  may  criminate  him- 
self or  subject  him  to  public  infamy,  but  such  testimony  shall 


CONSI  I  I  I    IIONAL   CONVENTION.  323 

not  afterward  he  use  !  against  liiin  in  any  judicial  proceeding, 
e\rt-|.i  I'm-  perjury  in  giving  sucli  testimony. 

See.  Hi.  No  person  while  routined  in  jiny  public  prison  shall 
he  entiiled  to  vole  ;ii  any  eh-riion  under  the  laws  of  this  State; 
but  every  such  person  who  \v;is  a  qualified  elector  prior  to  such 
imprisonment  and  who  is  released  therefrom  by  virtue  of  a  par- 
don or  by  virtue  of  having  served  out  his  full  term  of  imprison- 
ment, shall  without  further  action  be  invested  with  all  the  rights 
of  citizenship.  e.\< -rj.i  as  otherwise  provided  in  this  Constitu- 
tion. 

Sec.  11.  The  General  Assembly  shall  pass  laws  to  preserve 
the  purity  of  elections  and  guard  against  abuses  of  the  elective 
franchise. 

Sec.  12.  The  General  Assembly  shall  by  general  law  desig- 
nate the  courts  and  judges  by  whom  the  several  classes  of  elec- 
tion contests  not  herein  provided  for  shall  be  tried,  and  regu- 
late the  manner  of  trial  and  all  matters  incident  thereto;  but 
no  such  law  assigning  jurisdiction  or  regulating  its  exercise 
shall  apply  to  any  contest  arising  out  of  an  election  held  before 
its  passage. 

On  motion  of  Mr.  Widderfield,  the  report  was  received. 

On  motion  of  Mr.  Carr,  the  report  was  ordered  engrossed 
and  laid  on  the  table  for  future  consideration. 

On  motion  of  Mr.  Douglas,  the  report  of  the  Committee  of 
the  whole  on  State  Institutions  and  Buildings  was  taken  from 
the  table. 

.Mr.  Stover  moved  that  the  report  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  the 
amendments  to  the  report  of  the  Committee  on  State  Institu- 
tions and  Buildings  as  reported  by  the  Committee  of  the  Whole, 
viz.: 

"In  Section  3  to  insert  in  third  line  after  the  word  'trust' 
the  words  'subject  to  disposal,'  and  in  fourth  line  to  strike  out  all 
after  the  word  'the'  and  insert  in  lieu  the  words  'General  As- 
sembly shall  provide  for  the  sale  of  said  lands  from  time  to 
lime  and  for  the  faithful  application  of  the  proceeds  thereof  in 
accordance  with  the  terms  of  said  grants.'" 

Section  4 — In  first  line  strike  out  the  word  "capital"  and 
insert  in  lieu  the  words  "seat  of  government;"  in  the  second  line 
strike  out  the  word  "the"  after  the  word  "at"  and  insert  in  lieu 
Hie  word  "its,"  and  also  in  same  line  strike  out  "1880"  and  insert 
in  lieu  the  words  "one  thousand  eight  hundred  and  eighty;"  in 
the  third  line  strike  out  the  word  "capital"  and  insert  in  lieu  the 
words  "seat  of  government;"  in  the  fourth  line  strike  out  the 
word  "next"  and  insert  after  the  word  "election"  the  words  "then 
next  ensuing;11  in  the  sixth  line  strike  out  the  word  "that"  and 
insert  in  lieu  the  word  "the;"  in  the  seventh  line  strike  out  the 


324  PROCEEDINGS    OF    THE 

words  "capital  location"  and  insert  in  lieu  the  words  "the  loca- 
tion of  the  seat  of  government,"  and  in  same  line  strike  out  the 
word  "next"  in  the  eighth  line  after  the  word  "election"  and 
insert  the  words  "then  next  ensuing"  and  in  same  line  strike  out 
the  word  "capital"  and  insert  in  lieu  the  words  "seat  of  govern- 
ment." 

Section  5 — In  the  first  line  strike  out  the  word  "capital" 
and  insert  in  lieu  the  words  "seat  of  government;"  in  the  second 
line  strike  out  the  words  "votes  cast  in"  and  insert  in  lieu  the 
words  "electors  of;"  also  in  same  line  insert  after  the  word 
"State"  the  words  "voting  on  that  question;"  in  the  third  line 
strike  out  the  word  "capital"  and  insert  after  the  word  "loca- 
tion" the  words  "of  the  seat  of  government." 

Section  6 — In  the  second  line  strike  out  the  word  "same" 
and  insert  in  lieu  the  words  "seat  of  government." 

Section  7 — To  add  to  the  section  the  words  "Provided  this 
section  shall  not  apply  to  any  institution,  the  property,  real  or 
personal  of  which  is  now  vested  in  the  trustees  thereof,  until 
such  time  as  said  property  be  transferred  by  such  conveyances 
as  may  be  necessary,  together  with  the  management  thereof  to 
the  officers  provided  for  the  management  of  said  institution  by 
this  Constitution  or  by  law. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  Section  1 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section  2 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  Section  3  as 
reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  S-ection  4 
as  reported  by  the  Committee  of  the  Whole  as  amended  by  Mr. 
Thatcher. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  Section  5 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  Section  6 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Carr  moved  the  adoption  of  Section  7  as  reported  by  the 
Committee  of  the  Whole,  and  the  question  being  upon  the  motion 
of  Mr.  Carr  to  adopt  Section  7  and  being  put,  it  was  decided  in 
the  affirmative.  Ayes,  28;  noes,  1. 

The  ayes  and  noes  being  called,  those  voting  in  the  affir- 
mative are:  Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark, 
Cooper,  Crosby,  Douglas,  Elder,  Ebert,  Hurd,  Head,  James,  Ken- 
nedy, Marsh,  Meyer,  Plumb,  Quillian,  Stone,  Stover,  Vigil,  Web- 
ster, White,  Wilcox,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

Mr.  WTells  voted  in  the  negative. 

So  the  Convention  adopted  Section  7  as  reported  by  the 
Committee  of  the  WTiole. 


CONSTITI  TIONAL   <t>.\  \K.\TIO.\.  325 

So  the  Convention  adopted  the  article  in  the  following 
words: 

ARTICLE. 

STATE  INSTITUTIONS  AND  BUILDINGS. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind, 
deaf  mute  and  such  as  our  educational,  reformatory  and  penal 
and  such  other  institutions  as  the  public  good  may  require,  shall 
be  established  and  supported  by  the  State  in  such  manner  as 
may  be  prescribed  by  law. 

Sec.  2.  The  trustees,  regents  and  managers  of  all  such 
State  institutions  as  are  named  or  contemplated  in  the  preced- 
ing section  shall  be  appointed  and  vacancies  filled  by  the  Gov- 
ernor as  provided  in  Article  -  — ,  Section  7,  of  this  Constitu- 
tion, unless  otherwise  provided  by  this  Constitution  or  by  law. 

Sec.  3.  The  General  Assembly  shall,  at  the  earliest  prac- 
ticable period,  provide  by  law  that  the  several  grants  of  land 
made  by  Congress  to  the  State  shall  be  judicially  located  and 
carefully  preserved  and  held  in  trust,  subject  to  disposal  for  the 
use  and  benefit  of  the  respective  objects  for  which  said  grants 
of  land  were  made,  and  the  General  Assembly  shall  provide  for 
the  sale  of  said  lands  from  time  to  time,  and  for  the  faithful 
application  of  the  proceeds  thereof  in  accordance  with  the  terms 
of  said  grants. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to  change 
or  to  locate  the  seat  of  government  of  the  State,  but  shall  at 
its  first  session  subsequent  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty,  provide  by  law  for  submitting  the 
question  of  the  permanent  location  of  the  seat  of  government  to 
the  qualified  electors  of  the  State  at  the  general  election  then 
next  ensuing,  and  a  majority  of  all  the  votes  cast  at  said  elec- 
tion on  that  question  shall  be  necessary  to  determine  the  loca- 
tion thereof;  said  General  Assembly  shall  also  provide  that  in 
case  there  is  no  choice  of  location  at  said  election,  the  two  places 
having  the  highest  number  of  votes  cast  at  said  election  for 
location  of  the  seat  of  government  shall  be  submitted  in  like 
manner  to  the  qualified  electors  of  the  State  at  the  general  elec- 
tion then  next  ensuing;  provided,  that  until  the  seat  of  govern- 
ment shall  have  been  permanently  located  as  herein  provided, 
the  temporary  location  thereof  shall  remain  at  the  city  of  Denver. 

Sec.  5.  When  the  seat  of  government  shall  have  been 
located  as  herein  provided,  the  location  thereof  shall  not  there- 
after be  changed,  except  by  a  vote  of  two-thirds  of  all  the  legal 
electors  of  the  State  voting  on  that  question  at  some  general  elec- 
tion at  which  the  question  of  location  of  the  seat  of  government 
shall  have  been  submitted  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  make  no  appropria- 
tion or  expenditure  for  capitol  buildings  or  grounds  until  the 


326  PROCEEDINGS    OP    THE 

seat  of  government  shall  have  been  permanently  located  as  here- 
in provided. 

Sec.  7.  The  following  Territorial  institutions,  to  wit:  The 
University  at  Boulder,  the  Agricultural  College  at  Fort  Collins, 
the  School  of  Mines  at  Golden  and  the  Institute  for  the  Educa- 
tion of  Mutes  at  Colorado  Springs,  shall  upon  the  adoption  of 
this  Constitution  become  institutions  of  the  State  of  Colorado, 
and  the  management  thereof  subject  to  the  control  of  the  Sate, 
under  such  laws  and  regulations  as  the  General  Assembly  shall 
provide,  and  the  location  of  said  institutions,  as  well  as  all  gifts, 
grants  and  appropriations  of  money  and  property,  real  and  per- 
sonal, heretofore  made  to  said  several  institutions,  are  hereby 
confirmed  to  the  use  and  benefit  of  the  same,  respectively;  pro- 
vided, this  section  shall  not  apply  to  any  institution,  the  prop- 
erty real  and  personal  of  which  is  now  vested  in  the  trustees 
thereof,  until  such  time  as  said  property  be  transferred  by  such 
conveyance  as  may  be  necessary,  together  with  the  management 
thereof,  to  the  officers  provide  for  the  management  of  said  in- 
stitution by  this  Constitution  or  by  law. 

On  motion  of  Mr.  Carr,  the  article  on  State  Institutions  and 
Buildings  was  referred  to  the  Committee  on  Revisions  and  Ad- 
justments. 

Mr.  Carr  moved  that  the  Convention  adjourn  until  9  o'clock 
a.  m.  tomorrow,  which  was  not  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  "Memorial  to  Congress"  as 
reported  by  the  Committee  on  Forest  Culture  was  taken  from 
the  table. 

On  motion  of  Mr.  Wells,  the  reading  of  the  "Memorial"  was 
dispensed  with. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  the 
Memorial  to  Congress  reported  by  the  Committee  on  Forest  Cul- 
ture, as  recorded  on  page  383  of  this  Journal. 

On  motion  of  Mr.  Wells,  the  Convention  ordered  that  two 
copies  of  the  "memorial"  be  engrossed  and  attested  by  the  Pres- 
ident and  Secretary  and  sent  to  the  Hon.  T.  M.  Patterson,  Dele- 
gate to  Congress,  with  the  request  that  he  present  the  memorial 
to  Congress. 

On  motion  of  Mr.  Clark,  the  consideration  of  the  report  of 
the  Committee  on  Irrigation,  Agriculture  and  Manufactures  was 
made  the  special  order  for  Thursday  next  after  the  regular  order 
of  business. 

On  motion  of  Mr.  Beck,  the  consideration  of  the  report  of 
the  Committee  on  Judiciary  was  made  the  special  order  for 
tomorrow,  after  regular  order  of  business. 

On  motion  of  Mr/Kennedy,  the  Convention  adjourned  until 
9  o'clock  a.  m.  tomorrow. 


CONSTITUTIONAL    CONVENTION.  327 


WEDNESDAY,  FEBRUARY  1G,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Miller. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Clark,  Ebert, 
(iarcia.  .James,  Pease  and  White. 

Tlu»  .Imirnal  having  been  partially  read,  Mr.  Widderfield 
moved  that  so  much  of  the  Journal  as  embraced  the  report  of  the 
Committee  of  the  Whole  on  Rights  of  Suffrage  and  Elections  be 
dispensed  with,  which  was  agreed  to. 

Mr.  Quillian  moved  that  the  reading  of  so  much  of  the 
Journal  as  embraced  the  article  on  State  Institutions  and  Build- 
ings adopted  by  the  Convention  be  dispensed  with,  which  was 
jig  reed  to. 

Mr.  Widderfield  moved  that  the  reading  of  so  much  of  the 
Journal  as  embraced  the  Memorial  to  Congress  as  adopted  by 
the  Convention  be  dispensed  with,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Wilcox  introduced  the  following  resolution,  and  moved 
its  adoption : 

Resolved,  That  the  several  standing  committees  of  this  body 
are  hereby  required  to  make  their  reports  to  this  Convention  on 
Saturday,  the  19th  instant,  at  2  p.  m.,  except  the  Committee  on 
Revisions  and  Adjustments;  and  the  question  being  on  the  mo- 
tion of  Mr.  Wilcox  to  adopt  the  resolution,  it  was  agreed  to. 

Messrs.  Thatcher,  Clark  and  White  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  Judiciary,  Mr.  Douglas  in  the  chair;  and,  after  some, 
time  spent  therein,  the  President  resumed  the  chair,  and  Mr. 
Douglas  reported  that  the  Committee  of  the  Whole  Convention, 
to  whom  was  referred  the  report  of  the  Committee  on  Judiciary, 
having,  according  to  order  had  under  consideration  said  report, 
had  made  some  progress  therein  and  asked  leave  to  sit  again. 

On  motion  of  Mr.  Beck,  the  report  was  received  and  leave 
granted  to  sit  again. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned  until  "2 
o'clock  p.  in. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Roll  called.     Absent — Messrs.  Barela,  Ebert,  Garcia,  James, 
Lee,  Mever,  Pease  and  Webster. 


328  PROCEEDINGS    OP    THE 

The  President  asked  leave  of  absence  until  next  Monday  for 
Mr.  James,  which,  on  motion  of  Mr.  Hough,  was  granted. 

Mr.  Kennedy  asked  for  leave  of  absence  this  afternoon  for 
Mr.  Lee,  which  was  granted. 

Messrs.  Ebert,  Meyer  and  Webster  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Clark,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Committee 
on  Judiciary,  Mr.  Douglas  in  the  chair;  and,  after  some  time 
spent  therein  the  President  resumed  the  chair,  and  Mr.  Douglas 
reported  that  the  Committee  of  the  Whole  Convention,  to  whom 
was  referred  the  report  of  the  Committee  on  Judiciary,  having, 
according  to  order,  had  the  same  under  consideration,  had  made 
further  progress  therein,  and  asked  leave  to  sit  again  after 
regular  order  of  business  to-morrow. 

On  motion  of  Mr.  Hurd,  the  report  was  received  and  leave 
granted. 

On  motion  of  Mr.  Hurd,  the  Convention  adjourned  until  9 
o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL   CONVENTION.  329 


THURSDAY,  FEBRUARY  17,  A.  D.  1876. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Allen. 

Roll  called.  Absent— Messrs.  Barela,  Boyles,  Clark,  Ebert, 
Garcia,  Hurd,  Hough,  James,  Pease,  Stone,  Stover,  Webster  and 
White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Yount  asked  for  leave  of  absence  for  Mr.  Stover  until 
to-morrow,  which  was  granted. 

Mr.  Meyer  presented  the  following  address,  which,  on  his  own 
motion,  was  ordered  spread  upon  the  Journal : 

ADDRESS  OF  RT.  REV.  J.  P.  MACHEBEUF,  VICAR  APOS- 
TOLIC OF  COLORADO,  TO  THE  HONORABLE  THE  CON- 
STITUTIONAL CONVENTION  OF  COLORADO,  1876. 

Gentlemen — In  the  hope  that  it  may  not  be  a  violation  of  the 
parliamentary  rules  or  the  etiquette  of  your  honorable  body,  I 
ask  the  privilege  of  addressing  you  upon  a  subject  of  some  con- 
sequence to  the  whole  population  of  our  Territory  and  of  especial 
consequence  to  all  the  Catholics  of  Colorado. 

I  have  had  my  home  in  this  Territory  for  upwards  of  fifteen 
years,  and  in  the  neighboring  Territory  of  New  Mexico  for  ten 
years  before  coming  to  Colorado.  No  doubt  some,  at  least,  of 
your  distinguished  body,  who  have  long  resided  here,  will  have 
known  something  of  my  life  and  occupation  during  all  those 
years,  and  to  them  and  to  hundreds — nay,  thousands — of  others  of 
my  fellow  citizens  I  appeal  to  bear  me  witness  that  if  I  came  to 
Colorado  very  early  in  its  history,  before  even  it  bore  its  present 
name ;  if  I  bore  my  share  of  the  hardships  and  privations  of  that 
rude  time,  it  has  been  my  sole  occupation  here  to  make  good  citi- 
zens of  those  whom  God  has  entrusted  to  my  guidance  in  spiritual 
things  by  teaching  them  the  precepts  of  His  gospel  and  obedi 
ence  to  His  holy  law,  both  as  priest  and  as  bishop  of  the  Cath- 
olic church  in  this  Territory.  Such  has  been  the  object  by  ,day 
and  by  night  of  my  thoughts,  my  ambition  and  my  labor. 

But  it  is  not  to  gratify  a  weak  vanity,  nor  is  it  in  a  spirit 
of  Pharisaical  self-righteousness,  that  I  have  recalled  these  things. 
It  is  to  convince  you,  gentlemen,  that  I  love  Colorado,  that  I  wish 
its  people  well,  and  that  if  I  venture  now  to  address  you  on  the 
question,  "What  Should  Our  Constitution  Say  on  the  Subject  of 
Education?"  I  have  in  some  sense  earned  the  right  to  speak  by 
the  devotion  of  many  of  my  best  years  to  the  discharge  of  my 
sacred  office  in  this  Territory,  and  by  the  expectation  of  passing 
in  like  manner  what  may  remain  to  me  of  life  in  our  new  State. 
But  it  is  not  merely  as  a  private  citizen  that  I  speak  to  you.  I 


330  PROCEEDINGS    OF    THE 

am  clothed,  also,  with  an  official  character,  which  lays  on  me 
certain  grave  duties.  True,  the  law  takes  no  formal  notice  of  the 
episcopal  office.  But  as  a  fact  it  is  familiar  to  you  all.  Now,  it 
is  historically  true  that  the  Catholic  Church  has  always  declared 
the  necessity  of  a  religious  education  for  the  young,  and  the  ad- 
visability of  uniting,  so  far  as  practicable,  secular  with  religious 
instruction.  Such  is  the  position  occupied  by  the  church  to-day 
in  Europe,  as  well  as  in  America.  If  the  future  may  be  judged 
by  the  past  and  the  present,  such  will  be  likewise  the  future  posi- 
tion of  the  church.  My  successors  in  office  will  think  and  speak 
on  this  head  substantially  as  I  do.  The  Catholic  population  of 
this  Territory  and  of  the  new  State  will  not  differ  practically 
with  their  spiritual  father  on  a  question  peculiarly  within  his 
competence.  Exceptions  there  will  be,  no  doubt;  but  the  gen- 
eral rule  will  be  such  as  I  have  stated  it.  In  addressing  you, 
therefore,  gentlemen,  I  feel  that  I  speak  the  thoughts  and  express 
the  feelings  of  a  considerable  portion  of  your  fellow  citizens,  and 
not  only  their  thoughts  and  feelings,  and  mine,  but  those  of  my 
successors  in  the  episcopal  chair,  and  of  succeeding  generations 
of  Catholic  citizens  of  Colorado. 

A\>  ask  you,  gentlemen  of  the  Constitutional  Convention,  to 
omit  from  the  Constitution  any  clause  which  may  forbid  the 
future  legislative  bodies  of  the  State  to  deal  with  the  question 
of  separate  schools  and  denominational  education  as  to  them  may 
seem  just.  We  don't  ask  the  insertion  of  any  clause  directing  the 
solution  of  that  question  by  the  Legislature  in  our  sense. 

The  decision  of  the  majority  we  are  quite  willing  to  accept, 
not  that  by  such  decision  our  views  of  right  and  wrong,  of  justice 
and  injustice,  would  be  changed ;  but  we  know  that  in  the  admin- 
istration of  governments  some  practical  rule  of  settling  questions 
must  be  adopted. 

Why,  then,  it  may  be  asked,  are  you  not  content  that  this 
very  question  may  be  settled  by  a  vote  on  the  Constitution,  which 
may  be  adopted  or  rejected  by  a  majority?  For  two  reasons, 
gentlemen  of  the  Convention.  First,  the  question  itself  has  never 
been  fully  and  dispassionately  discussed  in  this  country,  and  can 
not  be  said  to  have  been  discussed  at  all  in  Colorado.  WTe  have 
had,  so  far  as  I  am  informed,  nothing  said  on  our  side  of  the 
question  in  your  honorable  body.  Much,  no  doubt,  has  been  said 
and  written  concerning  the  expediency  or  inexpediency  of  defi- 
nitely settling  the  question  in  the  Constitution  itself,  but  upon 
the  merits  of  the  question  I  believe  the  Catholics  have  not  been 
represented  among  you. 

So  far,  both  in  this  country  at  large  and  in  Colorado,  the 
language  of  passion  has  been  more  often  uttered  than  that  of 
reason.  Prejudice  has  stood  for  argument.  We  have  been  often 
denounced,  though  never  refuted.  Moreover,  the  question  itself 
has  been  but  one  of  many  which  have  received  the  attention  and 
occupied  the  time  of  your  Convention.  You  have  debated  many 
subjects  of  great  moment,  and  have  not  had  the  time  to  devote 


<  oNSTITlTIONAL    CONVENTION.  331 

to  the  school  <|iii'siion  wliirli  ;i  thorough  discussion  of  it  would 
require.  \\V  have  called  i  lie  at  tent  inn  of  your  ( 'onvent  ion  to  our 
\\ishes  on  the  subject  by  petitions  from  the  different  constitu- 
encies, addressed  to  their  respeeiive  representatives.  I  am  in 
formed  that  some  feeling  of  displeasure  has  been  expressed  by 
ditVerent  members  at  what  have  been  termed  the  threats  and 
aggressive  tone  of  those  jK'titions.  It  is  a  ma  Her  of  regret  that 
any  such  feeling  should  exist,  hut  I  am  convinced  it  is  founded 
in  a  misapprehension.  The  petitions  in  question  were  addressed, 
or  intended  to  be  addressed,  to  the  members  of  the  Convention 
individually.  \Ve  expressed  our  surprise  that  on  a  question  of 
such  moment  no  one  should  be  found  in  your  body  to  advocate 
our  cause,  and,  further,  that  we  would  feel  bound,  both  as  Catho- 
lics and  as  citi/ens,  to  oppose  the  adoption  of  a  Constitution 
which  should  so  utterly  disregard  our  civil  and  religious  rights. 
I  can  not  construe  this  to  be  a  threat,  but  simply  an  expression 
of  our  feeling.  If  our  expression  seems  strong  it  but  renders  the 
more  our  feeling.  Perhaps,  had  we  designed  to  address  the  Con- 
vention directly,  we  would  have  adopted  a  different  style. 

The  second  reason,  gentlemen,  for  our  request  that  the  deci- 
sion of  this  question  be  left  to  the  Legislature,  is  that  while  a 
bare  majority  of  votes  will  secure  the  adoption  of  a  Constitution, 
it  will  probably  require  a  two-thirds  vote  to  amend  it  hereafter. 
Now.  this  wrill  put  it  in  the  power  of  a  minority  to  control  the 
action  of  the  law  on  the  wrhole  subject  of  education.  We  ask, 
simply,  that  the  majority  shall  decree,  and  we  know  that  at  pres- 
ent that  majority  is  hostile  to  our  demand.  The  present  is  no 
time  for  the  exposition  of  the  arguments  in  favor  of  denomina- 
tional schools.  But  wre  look  forward  hopefully  to  the  future.  A 
day  shall  at  last  dawn — surely  it  shall — when  the  passions  of 
this  hour  will  have  subsided;  wThen  the  exigencies  of  partisan 
politics  will  no  longer  stand  in  the  way  of  right  and  justice,  and 
political  and  religious  equality  shall  again  seem  the  heritage  of 
the  American  citizen. 

And  when  that  hour  comes  we  desire  that  no  oppressive  mi- 
nority shall  have  the  powrer  to  paralyze  the  action  and  defeat  the 
instructions  of  an  upright  and  fair-minded  majority. 

Gentlemen  of  the  Convention,  do  we  ask  too  much?  It  is 
now  some  thirty-six  years  since  I  left  my  native  country  to  un- 
dertake in  the  United  States  the  functions  of  my  holy  ministry, 
and  in  those  thirty-six  years  I  have  never  taken  any  part  in  polit- 
ical affairs,  except  to  advise  on  many  occasions  in  New  Mexico 
the  native  population  to  submit  to  the  national  authority,  then 
so  new  to  them,  and  to  faithfully  pay  the  taxes  to  which  under 
the  Mexican  rule  they  were  wholly  unused. 

You  will  therefore,  I  am  sure,  believe  me  when  I  say  that  it 
has  been  very  repugnant  to  my  inclinations  and  habits  to  address 
you  on  this  subject.  But  the  strong  compulsion  of  a  duty,  which 
no  other  can  discharge  for  me,  has  urged  me  to  this  step.  I  owe 
it  to  those  whose  bishop  I  am,  though  unworthy,  by  the  appoint- 


332  PROCEEDINGS    OF    THE 

ment  of  God,  and  whose  children's  children  may  be  affected  in 
things  of  great  concern  by  your  action  on  this  day.  I  owe  it  to 
the  chair  in  which  I  sit,  that  its  protest  should  be  heard.  I  owe 
it  to  you,  gentlemen,  to  dissuade  you,  if  it  may  yet  be,  from  per- 
petrating a  grievous  wrong;  and,  finally,  I  owe  it  to  the  sacred 
cause  of  religious  education,  which  shall  surely  long  outlive  both 
you  and  me;  that  the  utterances  of  the  Catholic  Church  and  of 
the  Catholic  citizens  of  Colorado  upon  the  question  now  awaiting 
your  vote  shall  not  be  wavering  or  uncertain,  nor  become  here- 
after matter  of  question  and  doubt. 

Gentlemen  of  the  Convention,  I  respectfully,  but  solemnly, 
protest  against  the  passage  of  this  bill. 

Dated  at  Denver  this  16th  day  of  July,  A.  D.  1876. 
(Apostolic  Seal.)  JOSEPH  P.  MACHEBEUF, 

Vicar  Apostolic  of  Colorado. 

Messrs.  Webster,  Stone,  Clark  and  Hurd  appeared  and  took 
their  seats. 

Mr.  Felton  introduced  the  following  resolution,  which,  on  his 
own  motion,  was  adopted : 

Resolved,  That  the  Printing  Committee  be  instructed  to  in- 
quire into  what  arrangements  can  be  made  for  and  the  expense 
of  publishing  the  Constitution  in  English,  German  and  Spanish, 
and  report  to  the  Convention. 

Mr.  Rockwell,  Chairman  of  the  Committee  on  Public  and 
Private  Corporations,  presented  the  report  of  that  committee,  as 
follows,  and,  on  his  own  motion,  it  was  ordered  printed  and  laid 
upon  the  table  for  future  consideration. 

Denver,  Colorado,  February  17,  1876. 
To  the  President  and  Constitutional  Convention  of  Colorado. 

Gentlemen — Your  Standing  Committee  on  Public  and  Private 
Corporations,  to  whom  was  referred  so  much  of  the  subject-matter 
of  the  Constitution  as  relates  to  corporations,  beg  leave  to  report 
they  have  had  the  sa.me  under  consideration,  and  submit  the  fol- 
lowing as  the  result  of  their  deliberations. 
Respectfully  submitted, 

L.  C.  ROCKWELL, 

Chairman  of  Committee. 
L.  C.  ELLSWORTH. 
WM.  H.  MEYER, 
R.  DOUGLAS. 
JOHN  S.  WHEELER. 
HENRY  C.  THATCHER. 
A.  D.  COOPER, 
W.  W.  WEBSTER, 


CONSTITUTIONAL    CONVENTION.  333 

PUBLIC  AND  PRIVATE  CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges,  under  whirh  a  bona  fide  organization  shall  not 
have  taken  place  and  business  been  rnnmieneed  in  good  faith  at 
the  time  of  the  adoption  of  this  Constitution,  shall  thereafter 
have  allf  validity. 

Sec.  2.  No  corporation  shall  be  created  by  special  laws,  or 
its  charter  extended,  changed  or  amended,  except  such  municipal, 
charitable,  educational,  penal  or  reformatory  corporations  as  are 
or  may  be  under  the  patronage  or  control  of  the  State,  but  the 
General  Assembly  shall  provide  by  general  laws  for  the  organ- 
ization of  all  corporations  hereafter  to  be  created. 

Sec.  3.  The  General  Assembly  shall  have  the  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  now  existing  and 
revokable  at  the  adoption  of  this  Constitution,  or  any  that  may 
hereafter  be  created,  whenever  in  their  opinion  it  may  be  injuri- 
ous to  the  citizens  of  this  State;  in  such  manner,  however,  that 
no  injustice  shall  be  done  to  the  corporations. 

Sec.  4.  All  railroads  shall  be  public  highways,  and  all  rail- 
road companies  shall  be  common  carriers.  Any  association  or 
corporation  organized  for  the  purpose  shall  have  the  right  to  con- 
struct and  operate  a  railroad  between  any  designated  points 
within  this  State,  and  to  connect  at  the  State  line  with  railroads 
of  other  States  and  Territories.  Every  railroad  company  shall 
have  the  right  with  the  road  to  intersect,  connect  with  or  cross 
other  railroads. 

Sec.  5.  Xo  railroad  corporation,  or  the  lessees  or  managers 
thereof,  shall  consolidate  its  stock,  property  or  franchises  with 
any  other  railroad  corporation  owning  or  having  under  its  con- 
trol a  parallel  or  competing  line,  nor  shall  any  officer  of  such 
railroad  corporation  act  as  an  officer  of  any  other  railroad  cor- 
poration owning  or  having  under  its  control  a  parallel  or  compet- 
ing line;  and  the  question  whether  railroads  are  parallel  or  com- 
peting lines  shall,  when  demanded  by  the  party  complainant,  be 
decided  by  the  courts. 

Sec.  6.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported  over 
railroads  in  this  State,  and  no  undue  or  unreasonable  discrimina- 
tion shall  be  made  in  charges  or  in  facilities  for  transportation 
of  freight  or  passengers  within  the  State,  and  no  railroad  com- 
pany, or  any  lessee  or  employee  thereof,  shall  give  any  preference 
to  individuals,  associations  or  corporations  in  furnishing  cars  or 
motive  power. 

Sec.  7.  No  railroad  or  other  transportation  company,  in  ex- 
istence at  the  time  of  the  adoption  of  this  article,  shall  have  the 
benefit  of  any  future  legislation,  except  on  condition  of  complete 
compliance  with  all  the  provisions  of  this  article. 

tSo  in  text. 


334  PROCEEDINGS    OF    THE 

Sec.  8.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  or  so  construed  as  to  prevent  the  General  As- 
sembly from  taking  the  property  and  franchises  of  incorporated 
companies  and  subjecting  them  to  public  use,  the  same  as  the 
property  of  individuals,  and  the  exercise  of  the  police  power  of 
the  State  shall  never  be  abridged  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as  to  in- 
fringe the  equal  rights  of  individuals  or  the  general  well-being  of 
the  State. 

Sec.  9.  No  corporation  shall  issue  stocks  or  bonds,  except  for 
labor  done,  service  performed,  or  money  or  property  actually  re- 
ceived, and  all  fictitious  increase  of  stock  or  indebtedness  shall  be 
void.  The  stock  of  corporations  shall  not  be  increased  except  in 
pursuance  of  general  law,  nor  without  the  consent  of  the  persons 
holding  a  majority  of  the  stock,  first  obtained  at  a  meeting  to  be 
held  after  at  least  thirty  days'  notice  given  in  pursuance  of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  business, 
and  an  authorized  agent  or  agents  in  the  same,  upon  whom  pro- 
cess may  be  served. 

Sec.  11.  No  law  shall  be  passed  by  the  General  Assembly 
granting  the  right  to  construct  and  operate  a  street  railroad 
within  any  city,  town  or  incorporated  village,  without  requiring 
the  consent  of  the  local  authorities  having  the  control  of  the 
street  or  highway  proposed  to  be  occupied  by  such  street  rail- 
road. 

Sec.  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation,  or  any  individual  or 
association  of  individuals,  retrospective  in  its  operation,  or  which 
imposes  on  the  people  of  any  county  or  municipal  subdivision  of 
the  State  a  new  liability  in  respect  to  transactions  or  considera- 
tions already  past. 

Sec.  13.  All  railroad  companies  organized  under  the  provi- 
sions of  this  article  shall  have  the  power  and  authority  to  borrow 
money  for  the  purpose  of  aiding  in  the  construction,  operation 
and  maintenance  of  their  road,  at  such  rates  of  interest  as  shall 
be  agreed  upon  by  the  trustees  or  directors  of  said  company,  not 
exceeding  ten  per  centum  per  annum,  and  to  execute  trust  deeds 
or  mortgages,  in  their  discretion,  upon  the  road  of  said  company, 
its  depots,  depot  grounds,  rolling  stock,  which  shall  be  consid- 
ered realty,  and  such  other  property  or  lands  as  it  shall  b,e  law- 
fully possessed  of,  with  power  of  sale  to  secure  the  payment  of 
such  loan  or  loans. 

Sec.  14.  Dues  from  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law,  but  in  no  case  shall  any 
stockholder  be  individually  liable  in  any  amount  over  or  above 
the  amount  of  stock  owned  by  him  or  her. 

Sec.  15.  Any  association  or  corporation,  or  the  lessees  or 
managers  thereof,  organized  for  that  purpose,  or  any  individual, 


CONSTITUTIONAL   CONVENTION.  335 

slmll  have  thr  riuln  to  <  onsi  nici  MIX!  maintain  lines  of  telegraph 
wiihin  this  State  Mini  to  connect  the  same  with  oilier  lines,  and 
the  c.cnenil  Assembly  sliMll  l»v  general  law,  of  uniform  operation, 
I  i"\  idc  reasonable  regulations  to  give  full  effect  to  this  section. 
No  telegraph  company  shall  consolidate  with  or  hold  a  controlling 
interest  in  tin*  stock  or  bonds  of  any  other  telegraph  company 
owning  or  having  the  control  of  a  competing  line,  or  acquire,  by 
purchase  or  otherwise.  any  other  competing  line  of  telegraph. 

Sec.  16.  If  any  r;iilro:id.  telegraph,  express  or  other  cor- 
poration, organized  under  any  of  the  laws  of  this  State,  shall  con- 
solidate, by  sale  or  otherwise,  with  any  railroad,  telegraph,  ex- 
press or  other  corporation,  organized  under  any  of  the  laws  of 
any  other  State  or  Territory,  or  of  the  United  States,  the  same 
sluill  not  thereby  become  a  foreign  corporation,  but  the  courts  of 
the  State  shall  retain  jurisdiction  over  that  part  of  the  corporate 
property  within  the  limits  of  this  State  in  all  matters  which  may 
arise,  as  if  said  consolidation  had  not  taken  place. 

Sec.  17.  The  liability  of  railroad,  express  and  telegraph 
companies  as  common  carriers  shall  never  be  limited,  except  by 
special  contract  between  the  parties  affected  thereby. 

Sec.  18.  The  General  Assembly  shall  pass  no  law  limiting 
the  maximum  sum  for  which  a  recovery  may  be  had,  in  action 
brought  against  any  corporation  for  loss  of  life. 

Sec.  19.  The  term  "corporations,"  as  used  in  this  article, 
shall  be  construed  to  include  all  joint  stock  companies  or  asso- 
ciations having  any  of  the  powers  or  privileges  of  corporations 
not  possessed  by  individuals  or  partnerships. 

Mr.  Meyer  asked  for  leave  of  absence  for  himself  and  Mr. 
Hurd  for  the  remainder  of  the  morning's  session,  which  was 
granted. 

Mr.  Marsh,  Chairman  of  the  Committee  on  Bill  of 'Rights, 
presented  a  substitute  for  section  19  of  the  original  report  of  that 
committee,  as  follows : 

Sec.  19.  No  person  shall  be  imprisoned,  for  the  purpose  of 
securing  his  testimony  in  any  case,  longer  than  may  be  necessary 
in  order  to  take  his  deposition.  If  l:e  can  give  security  he  shall 
be  discharged;  if  he  can  not  give  security  his  deposition  shall  be 
taken  by  some  judge  of  the  District  or  Supreme  Court  at  the 
earliest  moment  he  can  attend  at  some  convenient  place  by  him 
a  p|  ointed  for  that  purpose,  in  presence  of  the  attorney  prosecut- 
ing for  the  people,  the  accused  and  his  counsel  (if  he  has  no 
counsel  the  judge  shall  assign  him  one  in  that  behalf  only),  where- 
upon the  witness  shall  be  discharged  on  his  own  recognizance, 
entered  into  before  said  judge,  but  such  deposition  shall  not  be 
used  if  in  the  opinion  of  the  court  the  personal  attendance  of 
the  witness  can  be  procured  by  the  prosecution  or  is  procured 
by  the  accused.  No  exceptions  shall  be  had  to  said  deposition 
as  to  its  form  or  substance. 


336  PROCEEDINGS    OF   THE 

On  motion  of  Mr.  Carr,  the  substitute  for  section  19,  as  re- 
ported by  the  Committee  on  Bill  of  Eights,  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Bromwell,  chairman  of  the  Committee  on  State,  County 
and  Municipal  Indebtedness,  presented  a  report  of  that  commit- 
tee as  follows : 

Denver,  Colorado,  February  17,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  State,  County  and  Municipal  Indebted- 
ness, to  whom  was  recommended  section  7  of  their  last  former 
report,  respectfully  report  the  same  back,  together  with  a  sub- 
stitute therefor,  which  they  recommend  for  adoption  as  follows : 

H.  P.  H.  BROMWELL. 
R.  DOUGLAS. 
A.  R.  YOUNT. 
WM.  H.  CUSHMAN. 
JOHN  S.  HOUGH. 

Sec.  7.  No  county  shall  contract  any  debt  by  loan  in  any 
form,  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  of  public  roads  and  bridges,  and  for 
supplying  such  county  with  water  for  public  use;  and  such 
indebtedness  contracted  in  any  one  year  shall  not  exceed  the 
rates  upon  taxable  property  in  such  county,  following,  to  wit : 

Counties  in  which  the  assessed  valuation  of  taxable  property 
shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty  cents 
on  each  thousand  dollars  thereof. 

Counties  in  which  such  valuation  shall  be  less  than  five  mil- 
lions of  dollars,  three  dollars  on  each  thousand  dollars  thereof. 

And  the  aggregate  amount  of  indebtedness  of  any  county, 
exclusive  of  debts  contracted  before  .the  adoption  of  the  Constitu- 
tion, shall  not  at  any  time  exceed  twice  the  amount  above  herein 
limited  in  case  of  such  county,  unless,  when  in  manner  provided 
by  law,  the  question  of  incurring  such  debt  shall  be  submitted 
to  the  vote  of  the  qualified  electors  of  such  county,  at  a  general 
election,  and  a  majority  of  those  voting  thereon  shall  vote  in  favor 
of  incurring  such  debt,  but  the  bonds,  if  any  be  issued  for  pay- 
ment thereof,  shall  not  run  less  than  ten  nor  more  than  fifteen 
years. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Felton,  the  special  order  for  this  day  for 
the  consideration  of  the  report  of  the  Committee  on  Irrigation, 
Agriculture  and  Manufactures  was  discharged. 

Messrs.  Ebert,  Boyles  and  White  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Carr,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  to  further  consider  the  report  of  the 
Committee  on  Judiciary,  Mr.  Douglas  in  the  chair,  and  after  some 


CONSTITUTIONAL   CONVENTION.  337 

time  spriii  I  herein,  the  President  resumed  the  chair,  and  Mr. 
Douglas  reported  that  the  Committee  of  the  Whole  Convention, 
t.»  whom  was  referred  the  report  of  the  Committee  on  Judiciary, 
having,  according  to  order,  had  under  consideration  said  report, 
had  made  further  progress  therein,  and  asked  leave  to  sit  again 
at  2  o'clock. 

On  motion  of  Mr.  Wilcox,  the  report  was  received  and  leave 
granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Webster,  the  Convention  adjourned  until 
2  o'clock  p.  m. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment.    Roll  called. 

Absent — Messrs.  Barela,  Garcia,  James,  Pease  and  Stover. 

On  motion  of  Mr.  Webster,  the  committee  resolved  itself  into 
Committee  of  the  Whole  to  further  consider  the  report  of  the 
Committee  on  Judiciary,  Mr.  Douglas  in  the  chair;  and,  after 
some  time  spent  therein,  the  President  resumed  the  chair,  and 
Mr.  Douglas  submitted  the  following  report: 

Denver,  Colorado,  February  17,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado. 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Judiciary, 
having,  according  to  order,  had  under  consideration  said  report, 
have  directed  me  to  report  the  same  back  with  sundry  amend- 
ments thereto,  and  ask  the  concurrence  of  the  Convention  in  the 
words  following,  viz. : 

R.  DOUGLAS, 
Chairman  of  Committee  of  the  Whole. 

JUDICIARY. 

Section  1.  The  judicial  power  of  the  State  as  to  matters  of 
law  and  equity,  except  as  in  this  Constitution  otherwise  provided, 
shall  be  vested  in  a  Supreme  Court,  District  Courts,  County 
Courts,  Justices  of  the  Peace,  and  such  other  courts  as  may  be 
created  by  law  for  cities  and  incorporated  towns. 

SUPREME    COURT. 

Sec.  2.  The  Supreme  Court,  except  in  cases  otherwise  di- 
rected herein,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  state,  and  shall  have  a  general  super- 
intending control  over  all  inferior  courts. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunctions,  and  other  orig- 
inal and  remedial  writs,  with  authority  to  hear  and  determine  the 
same. 


338  PROCEEDINGS    OP    THE 

Sec.  4.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  each  year  at  the  seat  of  government. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large  at  the  judicial  election  here- 
inafter provided. 

Sec.  7.  The  terms  of  office  of  the  judges  of  the  Supreme 
Court,  except  of  those  chosen  at  the  first  election  as  hereinafter 
provided,  shall  be  nine  years. 

Sec.  8.  The  judges  of  the  Supreme  Court  shall,  immedi- 
ately after  the  first  election  under  this  Constitution,  be  classified 
by  lot,  so  that  one  shall  hold  his  office  for  the  term  of  three  years, 
one  for  the  term  of  six  years,  and  one  for  the  term  of  nine  years. 

The  judge  having  the  shortest  time  to  serve,  not  holding  his 
office  by  appointment  or  election  to  fill  a  vacancy,  shall  be  the 
chief  justice,  and  as  such  shall  preside  at  all  terms  of  the  Supreme 
Court,  and  in  case  of  his  absence  the  judge  having  in  like  manner 
the  next  shortest  term  to  serve  shall  preside  in  his  stead. 

'Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge 
of  the  Supreme  Court  unless  he  shall  be  learned  in  the  law,  be 
at  least  thirty  years  of  age,  and  a  citizen  of  the  United  States, 
nor  unless  he  shall  have  resided  in  the  State  or  Territory  ot  least 
two  years  next  preceding  his  election. 

DISTRICT    COURTS. 

Sec.  11.  The  District  Courts  shall  have  original  jurisdic- 
tion of  all  cases,  both  at  law  and  in  equity,  and  such  appellate 
jurisdiction  as  may  be  provided  by  law. 

Sec.  12.  The  State  shall  be  divided  into  five  judicial  dis- 
tricts, in  each  of  which  there  shall  be  elected  by  the  electors 
thereof  one  judge  of  the  District  Court  therein,  and  whose  term 
of  office  shall  be  six  years.  The  judges  of  the  District  Courts 
may  hold  court  for  each  other,  and  shall  do  so  when  required  by 
law. 

Sec.  13.  No  person  shall  be  eligible  to  the  office  of  District 
judge  unless  he  shall  be  learned  in  the  law,  be  at  least  thirty 
years  old,  and  a  citizen  of  the  United  States,  nor  unless  he  shall 
have  resided  in  this  State  or  Territory  at  least  two  years  next 
preceding  his  election,  nor  unless  he  shall  at  the  time  of  his  elec- 
tion be  an  elector  within  the  judicial  district  for  which  he  is 
elected. 

Sec.  14.  Unless  otherwise  provided  by  law,  said  districts 
shall  be  as  follows,  viz.:  First  district,  the  counties  of  Weld, 
Larimer,  Boulder,  Jefferson  and  Grand.  Second  district,  the 
counties  of  Park,  Lake,  Summit,  Gilpin  and  Clear  Creek.  Third 
district,  the  counties  of  Arapahoe,  Elbert  and  Douglas.  Fourth 
district,  the  counties  of  Pueblo,  El  Paso,  Fremont,  Huerfano,  Las 


CON  si  in    i  IONAL    <  ONVBNTION.  339 

Aniinas  and  r.ent.  Fifth  district,  tin*  <ounties  of  Cnstilla.  Cone- 
jos.  Kin  (irande,  San  -hian.  I. a  Plata.  Minsdale  and  Sa^uache. 

Bee.  1~>.  The  time  of  holding  courts  within  the  said  districts 
shall  be  as  provided  by  law.  l»ut  at  least  one  term  of  the  District 
Court  shall  be  held  in  each  county  in  each  year,  except  in  such 
count  MS  as  max  be  attached  fop  judicial  purposes  to  some  other 
county  wherein  such  coui-ts  are  held. 

Sec.  16.  The  General  Assembly,  whenever  two-thirds  of  the 
members  of  each  house  shall  concur  therein,  may,  after  the  year 
1880,  and  not  oftener  than  once  in  every  six  yea  PS,  increase  the 
number  of  judges  of  the  District  Courts  and  the  judicial  districts 
of  the  State;  such  districts  shall  be  formed  of  compact  territory, 
and  bounded  by  county  lines,  but  such  increase  or  change  in  the 
boundaries  of  a  district  shall  not  vacate  the  office  of  judge. 

Sec.  18.  The  judges  of  the  Supreme  and  District  Courts 
shall  each  receive  such  salary  as  may  be  provided  by  law.  and 
no  such  judge  shall  receive  any  other  compensation,  perquisite 
or  emolument  for  or  on  account  of  his  office  in  any  form  what- 
ever, nor  act  as  attorney  or  counselor-at-law  in  any  manner  what- 
ever. 

Sec.  20.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  judges  of  the  Su- 
preme and  District  Courts  respectively  shall  fix  the  terms  thereof. 

DISTRICT    ATTORNEYS. 

Sec.  21.  There  shall  be  elected  at  each  judicial  election  a 
district  attorney  for  each  judicial  district,  whose  term  of  office 
shall  be  three  years,  and  whose  duties  and  compensation  shall  be 
as  provided  by  law. 

No  person  shall  be  eligible  to  the  office  of  district  attorney 
who  shall  not  at  the  time  of  his  election  be  at  least  twenty-five 
years  of  age,  and  possess  all  the  other  qualifications  required 
of  judges  of  District  Courts  in  this  article. 

COUNTY    COURTS. 

Sec.  22.  There  shall  be  elected  at  the  general  election  in 
each  organized  county  a  county  judge,  who  shall  be  judge  of  the 
Probate  Court  of  such  county,  whose  term  of  office  shall  be  three 
years,  and  whose  compensation  shall  be  such  as  may  be  provided 
by  law. 

Sec.  23.  County  Courts  shall  be  courts  of  record,  and  shall 
have  original  jurisdiction  within  each  county  in  all  matters  of 
probate,  settlement  of  estates  of  deceased  persons,  appointment 
of  guardians,  conservators  and  administrators,  and  settlement  of 
their  accounts,  and  such  other  jurisdiction  as  may  be  conferred 
by  law;  Provided,  Such  courts  shall  not  have  jurisdiction  in  any 
<ast>  involving  the  question  of  title  or  boundaries  of  real  estat;  . 
nor  in  any  case  where  the  debt  or  damage  claim  or  value  of  prop- 


340  PROCEEDINGS    OF    THE 

erty  involved  shall  exceed  two  thousand  dollars  in  cases  relating 
to  the  estate  of  deceased  persons. 

Appeals  may  be  taken  from  County  to  District  Courts  in 
all  cases  in  such  manner  as  may  be  provided  by  law. 

JUSTICES    OF    THE    PEACE. 

Sec.  25.  Justices  of  the  peace  shall  be  elected  in  and  for 
such  precincts  and  districts,  and  have  such  jurisdiction  as  may 
be  conferred  by  law ;  Provided,  That  no  justice  of  the  peace  shall 
have  jurisdiction  of  any  civil  case  wherein  the  value  of  the  prop- 
erty or  amount  in  controversy  exceeds  the  sum  of  tnree  hundred 
dollars,  nor  where  the  boundaries  or  title  to  real  property  shall 
be  called  in  question. 

POLICE    MAGISTRATES. 

Sec.  26.  The  General  Assembly  shall  have  power  to  provide 
for  creating  such  police  magistrates  for  cities  and  towns  as  may 
be  deemed  from  time  to  time  necessary  or  expedient. 

MISCELLANEOUS. 

Sec.  27.  The  judges  of  courts  of  record  inferior  to  the  Su- 
preme Court  shall,  on  or  before  the  first  day  of  July  in  each  year, 
report  in  writing  to  the  judges  of  the  Supreme  Court  such  de- 
fects and  omissions  in  the  laws  as  their  knowledge  and  experience 
may  suggest,  and  the  judges  of  the  Supreme  Court  shall,  on  or 
before  the  first  day  of  December  of  each  year,  report  in  writing  to 
the  Governor,  to  be  by  him  transmitted  to  the  General  Assembly, 
together  with  his  message,  such  defects  and  omissions  in  the  Con- 
stitution and  law  as  they  may  find  to  exist,  together  with  appro- 
priate bills  for  curing  the  same. 

Sec.  28.  All  laws  relating  to  courts  shall  be  general,  and 
of  uniform  operation  throughout  the  State ;  and  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  the  courts 
of  the  same  class  or  grades  so  far  as  regulated  by  law,  and  the 
force  and  effect  of  the  proceedings,  judgments  and  decrees  of 
such  courts  severally  shall  be  uniform. 

Sec.  29.  All  officers  provided  for  in  this  article,  excepting 
judges  of  the  Supreme  Court,  shall  respectively  reside  in  the 
district,  county,  precinct,  city  or  town  for  which  they  may  be 
elected  or  appointed.  Vacancies  in  elective  offices  shall  be  filled 
by  election,  but  when  the  unexpired  term  does  not  exceed  one  year 
the  vacancy  shall  be  filled  by  appointment,  as  follows :  Of  judges 
of  the  Supreme  and  District  Courts  by  the  Governor;  of  district 
attorneys  and  clerks  of  said  courts  by  the  judge  or  judges  of 
the  court  to  which  the  office  appertains,  and  of  all  other  judicial 
officers  by  the  board  of  county  commissioners  of  the  county  where 
the  vacancy  occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  "the  people 
of  the  State  of  Colorado;"  all  prosecutions  shall  be  carried  on 


CONSTITUTIONAL    CONVENTION.  341 

in  the  name  and  by  the  authority  of  the  "people  of  the  State  of 
Colorado,"  and  conclude  "against  the  peace  and  dignity  of  the 
same." 

The  Committee  of  the  Whole  Convention  have  further  <]i 
rected  me  to  report  back  to  the  Convention  the  following  sections 
offered  by  Mr.  Bromwell,  with  the  recommendation  that  they  be 
ordered  printed  and  laid  upon  the  table  for  future  consideration. 

S«T.  4.  Tin-  Sujnviiie  Court  shall  have  original  jurisdic- 
tion to  hear  and  determine  all  controversies  arising  upon  bill 
or  information  filed  by  the  attorney  general  or  any  district  attm- 
ney  upon  relation  of  any  party  grieved,  or  on  behalf  of  the  people 
concerning  the  rights,  duties  and  liability  of  railroad,  telegraph 
and  toll  road  companies  or  'corporations,  as  to  charges,  or  rates 
or  classifications  of  charges,  claimed,  adopted  or  used  by  any 
such  operation  for  services  performed  or  to  be  performed  by  it 
for  the  people  or  any  persons  in  the  line  of  business  under  its 
charter. 

Sec.  5.  In  all  such  cases  said  court  may  make  orders  allow- 
ing proceedings  upon  such  bill  or  information,  may  appoint  time 
and  place  of  sitting,  hear  all  allegations  of  extortion  or  unreason- 
able charges  or  rates  of  charges  against  any  such  corporation 
for  the  performance  of  any  duty  under  its  charter,  and  order 
and  decree  just  and  reasonable  rates  of  compensation  to  such 
corporation  for  services  under  its  charter,  and  said  court  in  such 
cases  shall  hear  and  consider  all  evidence  of  facts  material  to 
the  subject-matter  of  the  controversy,  and  may  enforce  its  decrees 
by  all  modes  known  to  courts  of  common  law  or  chancery. 

Sec.  6.  Said  court  in  said  cases  shall  have  power  to  issue 
writs  of  quo  warranto,  mandamus,  injunctions,  summons,  sub- 
po?na  or  other  writ  necessary  to  give  effect  to  its  proceedings. . 

The  Committee  of  the  Whole  Convention  have  further  di- 
rected me  to  report  back  to  the  Convention  sections  9,  17  and  19 
of  said  report,  with  sundry  amendments  thereto,  with  the  recom- 
mendation that  the  same  be  recommitted  to  the  Committee  on 
Judiciary. 

Sec.  9.  There  shall  be  a  clerk  of  the  Supreme  Court,  who 
shall  be  appointed  by  the  judges  thereof,  and  shall  hold  his  office 
during  the  pleasure  of  said  judges,  and  wrhose  duties  and  emolu- 
ments shall  be  prescribed  by  law  and  by  the  rules  of  the  Supreme 
Court 

Sec.  17.  After  the  year  1878,  the  General  Assembly  may  pro- 
vide for  the  election  of  the  judges  of  the  Supreme,  District  and 
County  Courts  and  the  district  attorneys  on  a  different  day  from 
that  on  which  an  election  is  held  for  any  other  purpose,  and  on 
such  judicial  elections  no  person  shall  be  voted  for  except  candi- 
dates for  the  officers  of  the  courts  aforesaid.  Until  otherwise 
provided  by  law,  such  judicial  elections  shall  be  held  at  the  time 
of  holding  general  elections;  Provided,  That,  for  the  purpose  of 
filling  a  vacancy  occurring  more  than  one  year  previous  to  the 


342  PROCEEDINGS    OF    THE 

expiration  of  the  term  of  office,  a  special  election  shall  be  called 
by  the  Governor  by  proclamation,  which  shall  be  published  for 
thirty  days  prior  to  such  election  in  the  district  wherein  such 
vacancy  occurs ;  and,  Provided,  further,  That,  when  necessary,  the 
Governor  shall  fill  any  such  vacancy  in  the  office  of  judge  or  dis- 
trict attorney  pending  such  special  election." 

Sec.  19.  There  shall  be  a  clerk  of  the  District  Court  within 
each  county  wherein  a  term  is  held,  who  shall  be  appointed  by 
the  judges  of  the  District  Courts  respectively,  who  shall  hold  his 
office  during  the  pleasure  of  the  judges,  and  whose  duties  and 
compensation  shall  be  as  provided  by  law  and  regulated  by  the 
rules  of  the  court. 

Mr.  Carr  moved  that  the  report  of  the  Committee  of  the 
Whole  on  the  report  of  the  Committee  on  Judiciary  be  received, 
and  that  the  Convention  concur  in  the  recommendations  made 
therein. 

Mr.  Wells  called  for  a  division  of  the  question,  and  the  ques- 
tion being,  "Will  the  Convention  receive  the  report  of  the  Com- 
mittee of  the  Whole  on  the  report  of  the  Committee  on  Judi- 
ciary?" and  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  received  the  report. 

The  question  then  recurring  upon  the  question,  "Will  the 
Convention  concur  in  the  recommendations  of  the  Committee  of 
the  Whole,  that  sections  9,  17  and  19  of  the  report  of  the  Com- 
mittee on  Judiciary  be  recommitted,  with  sundry  amendments 
thereto,  reported  by  the  Committee  of  the  Whole  to  the  Commit- 
tee on  Judiciary,  and  that  three  additional  sections  offered  by 
Mr.  Bromwell  be  ordered  printed  and  laid  on  the  table  for  future 
consideration,  and,  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  recommitted  sections  9,  17  and  19  to  the 
Committee  on  Judiciary,  and  the  additional  sections  offered  by 
Mr.  Bromwell  to  the  article  on  judiciary  were  ordered  printed 
and  laid  on  the  table  for  future  consideration. 

Mr.  White  moved  that  section  14,  as  reported  by  the  Com- 
mittee of  the  Whole,  be  recommitted  to  the  Judiciary  Committee, 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
White  to  recommit  section  14. 

On  motion  of  Mr.  White,  the  report  of  the  Committee  of  the 
Whole  was  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Felton,  the  consideration  of  the  report  of 
the  Committee  on  Irrigation,  Agriculture  and  Manufactures  was 
made  the  special  order  for  to-morrow  after  regular  order  of  busi- 
ness. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  reported 
back  to  the  Convention  the  report  of  the  Committee  on  Education 
and  Educational  Institutions  as  correctly  printed. 

There  being  no  objections,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned. 


CONSTITUTIONAL   CONVENTION.  343 


FRIDAY.  FKUKTARY  18,  187CJ,  0  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Praver  was  offered  by  the  Rev.  Mr.   Dudley. 

Roll  called. 

Ah<«'iit  Nfessrg.  l.an  la.  Boyles,  Clark,  Garcia,  James,  I'«ase. 
Rockwell.  Thatcher,  Webster.  White  and  Wells. 

The  .Inurnal  having  been  partially  read,  Mr.  Kennedy  moved 
tliai  the  reading  of  so  much  of  the  Journal  as  embraced  the  ad- 
dress from  Bishop  Marhebeuf,  the  reports  of  the  Committee  on 
Public  and  Private  < 'orporations,  Bill  of  Rights  and  State,  Coun- 
ty and  Municipal  Indebtedness,  and  the  report  of  the  Committee 
of  the  Whole  (in  the  article  on  Judiciary  be  dispensed  with,  which 
was  agreed  to. 

The  remainder  of  the  Journal  was  then  read,  and  the  same 
approved. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  reported 
bark  to  the  Convention  the  additional  sections  to  the  article  on 
Judiciary,  offered  by  Mr.  Bromwell,  as  correctly  printed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Messrs.  Clark,  Rockwell,  Wells,  White  and  Boyles  appeared 
and  took  their  seats. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  Irrigation,  Agriculture  and  Manufactures,  Mr.  Hough 
in  the  chair;  and  after  some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  Hough  submitted  the  following  re- 
port: 

Denver,  Colorado,  February  18,  1876. 

To  the  Honorable  President  and  Constitutional   Convention  of 

<  'olorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Irrigation, 
Agriculture  and  Manufactures,  having,  according  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  that 
they  have  made  some  progress  therein,  and  ask  leave  to  sit  again. 

The  Committee  of  the  Whole  have  further  directed  me  to 
report  back  to  the  Convention  section  1  of  the  report,  together 
with  a  substitute  therefor,  offered  by  Mr.  Felton,  with  the  recom- 
mendation that  they  be  ret •numiitted  to  the  Committee  on  Irri- 
gation, Agriculture  and  Manufactures,  as  follows: 

Section  1.  The  water  of  every  natural  stream  within  the 
State  of  Colorado  is  hereby  declared  to  be  the  property  of  the  peo- 
ple of  said  State,  and  the  same  is  dedicated  to  their  use  forever. 

Substitute  for  section  1,  offered  bv  Mr.  Felton  : 


344  PROCEEDINGS   OF   THE 

Section  1.  The  unappropriated  water  of  the  natural  streams 
within  the  State  of  Colorado  is  hereby  declared  to  be  dedicated  to 
the  use  of  the  public,  subject  to  the  provisions  of  this  Constitu- 
tion and  the  laws  of  the  General  Assembly. 

JNO.  S.  HOUGH, 
Chairman  of  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  report  was  received,  and.  leave 
granted  to  sit  again. 

Mr.  Clark  moved  that  the  Convention  concur  in  the  recom- 
mendation of  the  Committee  of  the  Whole  to  recommit  section 
1  of  the  report,  together  with  the  substitute  therefor,  offered  by 
Mr.  Felton,  to  the  Committee  on  Irrigation,  Agriculture  and  Man- 
ufactures, which  was  agreed  to. 

There  being  no  objection,  Mr.  Boyles,  Chairman  of  the 
Committee  on  Counties,  presented  a  report  of  that  committee 
as  follows: 

Denver,  Colorado,  February  19,  1876. 

To   the  Honorable  President  and  Gentlemen  of  the  Constitu- 
tional Convention: 

Gentlemen — Your  Committee  on  Counties,  to  whom  was 
recommitted  a  portion  of  the  report  of  said  committee,  have  had 
the  same  under  consideration,  and  beg  leave  to  submit  the  fol- 
lowing report. 

GEORGE  BOYLES, 

Chairman. 

Sec.  4.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county;  nor 
unless  a  majority  of  all  the  qualified  voters  of  said  county  voting 
on  the  question  shall  vote  therefor. 

COUNTY  OFFICERS. 

In  each  county  there  shall  be  elected  for  the  term  of  three 
years  three  officers  who  shall  be  styled  The  Board  of  County 
Commissioners,  who  shall  hold  sessions  for  the  transaction  of 
county  business,  as  provided  by  law,  any  two  of  whom  shall 
constitute  a  quorum  for  the  transaction  Of  business. 

One  of  said  Commissioners  shall  be  elected  on  the  first 
Tuesday  in  October,  1876,  and  every  year  thereafter  one  such 
officer  shall  be  elected  in  each  county  at  the  general  election 
for  the  term  of  three  years.  Provided,  That  when  the  popula- 
tion of  any  county  shall  exceed  ten  thousand,  the  Board  of 
County  Commissioners  may  consist  of  five  members,  who  shall 
be  elected  as  provided  by  law,  any  three  of  whom  shall  consti- 
tute a  quorum  for  the  transaction  of  business. 

Sec.  9.  The  compensation  of  the  members  of  the  Board  of 
Commissioners  shall  be  as  provided  by  law. 


CONSTITUTIONAL   CO.NVi:.\llu\.  345 

Sec.  10.  There  shall  be  elected  in  each  county  on  the  first 
Tuesday  in  October,  A.  D.  one  thousand  eight  hundred  and  sev- 
en tv  six  and  every  alternate  year  forever  thereafter  at  the  gen- 
eral election  for  members  of  the  General  Assembly  one  County 
Clerk,  who  shall  be  ex-officio  Recorder  of  Deeds  and  Clerk  of 
the  Board  of  County  Commissioners;  one  Sheriff;  one  Coroner; 
one  Treasurer,  who  shall  collect  all  county  taxes;  one  County 
Superintendent  of  Common  Schools;  one  County  Surveyor  and 
one  County  Assessor;  each  of  whom  shall  enter  upon  the  duties 
of  his  office,  and  the  term  thereof  shall  commence  upon  the 
expiration  of  the  term  of  the  present  county  officers,  and  they 
shall  hold  their  respective  offices  for  the  term  of  two  years  or 
until  their  successors  are  elected  and  qualified. 

Sec.  11.  In  case  of  a  vacancy  occurring  in  the  office  of 
County  Commissioner,  it  shall  be  filled  by  appointment  of  the 
Governor,  and  in  case  of  a  vacancy  in  any  of  the  county  or  pre- 
cinct officers,  it  shall  be  filled  by  appointment  of  the  Board  of 
County  Commissioners,  and  the  person  appointed  shall  hold 
office  until  the  next  general  election,  or  until  his  successor 
shall  be  duly  elected  and  qualified. 

Sec.  12.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  at  least  twenty-one  years  of  age  and  a  citi- 
zen of  the  United  States;  nor  unless  he  shall  have  resided  in 
the  county  one  year  preceding  his  election. 

Sec.  13.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen,  be  elected  in  each  precinct  two  Justices  of 
the  Peace  and  two  Constables,  who  shall  each  hold  their  offices 
for  the  period  of  two  years  and  until  their  successors  are  elected 
and  qualified,  and  they  shall  enter  upon  .the  duties  of  their 
offices  and  the  term  thereof  shall  commence  upon  the  expira- 
tion of  the  term  of  the  present  county  officers. 

Sec.  14.  Previous  to  entering  on  the  duties  of  their  re- 
spective offices,  the  county  and  precinct  officers  shall  take  the 
oath  of  office  and  give  bond  with  security,  in  the  manner  and 
m  such  amount  as  shall  be  prescribed  by  law;  Provided,  That 
the  officers  elected  at  the  first  election  under  this  Constitution 
shall  give  bond  with  security  to  the  State  of  Colorado,  in  the 
amount  and  in  such  manner  as  is  now  prescribed  by  law  for 
their  respective  offices  in  the  Territory  of  Colorado. 

.  Sec.  15.  The  General  Assembly  shall  by  law  uniform  in 
its  operation  provide  for  and  regulate  the  fees  of  all  county  and 
precinct  officers,  and  also  the  duties  of  such  officers  as  are  not 
herein  provided  for. 

Sec.  16.  The  county  officers  in  all  counties  shall  be  paid  a 
salary  to  be  fixed  by  the  Board  of  County  Commissioners,  but 
the  same  shall  be  paid  out  of  the  fees  collected  by  the  officer, 
and  shall  in  no  case  exceed  the  amount  of  money  so  collected, 
and  when  such  officer  shall  have  collected  sufficient  money  in 
fees  to  pay  his  salary  lie  shall  pay  the  remainder  to  the  County 


346  PROCEEDINGS    OF    THE 

Treasurer;  and  for  collecting  fees  over  and  above  the  amount 
of  his  salary,  each  officer  shall  be  allowed  a  certain  percentage, 
to  be  fixed  by  the  Board  of  County  Commissioners. 

Sec.  17.  All  officers  who  receive  [Every  officer  who  re- 
ceives] a  salary  shall,  at  the  expiration  of  each  ninety  days, 
make  a  report  to  the  County  Treasurer  under  oath  of  all  his  fees 
and  emoluments,  and  pay  to  such  Treasurer  all  funds  in  his 
hands  over  and  above  the  amount  due  him  on  his  salary. 

Sec.  18.  Except  as  otherwise  directed  by  this  Constitution, 
the  General  Assembly  shall  provide  for  the  election  or  ap- 
pointment of  such  other  county,  township  and  municipal  officers 
as  public  convenience  may  require;  and  their  terms  of  office  and 
duties  shall  be  so  prescribed  by  law,  but  no  term  of  office  shall 
exceed  two  years. 

Sec.  19.  The  General  Assembly  shall  provide  by  general 
laws  for  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four,  and  the  power 
of  each  class  shall  be  defined  by  general  laws,  so  that  all  muni- 
cipal corporations  of  the  same  class  shall  possess  the  same  pow- 
ers and  be  subject  to  the  same  restriction. 

Sec.  20.  The  General  Assembly  shall  also  make  provisions 
by  general  law,  whereby  any  city,  town  or  village  existing  by 
virtue  of  any  special  or  local  law  may  elect  to  become  subject 
to  and  be  governed  by  the  general  law  relating  to  such  corpora 
tions. 

On  motion  of  Mr.  Widderfield,  the  report  was  received,  or- 
dered printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Crosby  moved  that  the  Convention  now  adjourn  until  2 
o'clock  p.  m.  to-morrow. 

Mr.  Boyles,  as  an  amendment,  moved  that  the  Convention 
adjourn  until  10  o'clock  a.  m.  to-morrow,  and  the  question  being 
on  the  motion  of  Mr.  Boyles  to  adjourn  until  10  a.  m.  to-morrow, 
it  was  agreed  to. 

So  the  Convention  adjourned  until  10  o'clock  a.  m.  to-mor- 
row. 


CONSTITUTIONAL   CON  VKVIloN .  347 


SATURDAY.  FEBRUARY  H>,  ls7«.  Id  <  >'0LOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Keller. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Garcia,  James,  Marsh, 
Pease,  Rockwell  and  White. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Plumb  moved  that  the  reading  of  so  much  of  the  Journal 
as  embraced  the  report  of  the  Committee  on  Counties  be  dis- 
pensed with,  which  was  agreed  to. 

The  remainder  ot  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Yount  presented  a  petition  from  fifty-eight  citizens  of 
Fort  Collins,  Larimer  county,  asking  that  a  provision  be  inserted 
in  the  Constitution  forever  forbidding  any  division  of  the  school 
fund;  which  on  his  own  motion  was  laid  upon  the  table  for 
consideration  when  the  article  on  Education  and  Educational 
Institutions  is  before  the  Convention. 

Mr.  Beck,  Chairman  of  the  Committee  on  Congressional  and 
Legislative  Apportionment,  presented  the  report  of  that  com- 
mittee, as  follows: 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention : 

Gentlemen — Your  Committee  on  Congressional  and  Legis- 
lative Apportionment,  to  whom  was  referred  the  subject  matter 
relating  to  those  branches  of  the  Constitution,  beg  leave  to 
state  that  they  have  had  the  same  under  consideration  and  pre- 
sent the  following  as  their  report. 

All  of  which  is  respectfully  submitted, 
WM.  R.  KENNEDY,  KOBT.   A.  QUILLIAN, 

GEO.  E.  PEASE,  \YM.  E.  BECK, 

WM.  H.  MEYER,  HENRY  C.  THATCHER, 

G.  G.  WHITE,  WILLIAM  M.  CLARK. 

APPORTIONMENT. 

Section  1.  One  Representative  to  the  House  of  Representa- 
tives  of  the  United  States  shall  be  elected  from  the  State  at 
hi  i  i:e  at  the  first  (lection  under  this  Constitution,  and  thereafter 
at  such  times,  places  and  manner  as  may  be  prescribed  by  law. 
U  lien  a  new  apportionment  shall  be  made  by  the  Congress  of 
the  United  States,  the  General  Assembly  shall  divide  the  State 
into  as  many  Congressional  Districts  as  it  may  be  allowed  Rep 
lescntatives  in  Congress. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  State  in  the  vear  of  our 


348  PROCEEDINGS   OF    THE 

Lord  one  thousand  eight  hundred  and  eighty-five  and  every  tenth 
year  thereafter;  and  at  the  session  next  following  such  enumera- 
tion and  also  at  the  session  next  following  an  enumeration  made 
by  the  authority  of  the  United  States,  shall  revise  and  adjust 
the  apportionment  for  Senators  and  Representatives  on  the 
basis  of  said  enumeration  according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  The  Senate  shall  consist  of  twenty-six  and  the 
House  of  Representatives  of  forty-one  members,  which  number 
shall  not  be  increased  until  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety,  after  which  time  the  General  Assem- 
bly may  increase  the  number  of  Senators  and  Representatives, 
preserving  as  near  as  may  be  the  present  proportion  as  to  the 
members  of  each  house;  Provided,  That  the  aggregate  number 
of  Senators  and  Representatives  shall  never  exceed  one  hundred. 

Sec.  4.  Senatorial  and  Representative  districts  may  be  al- 
tered from  time  to  time  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties,  they  shall  be  contiguous  and  the  dis- 
trict as  compact  as  may  be.  No  county  shall  be  divided  in  the 
formation  of  a  Senatorial  or  Representative  district. 

Sec.  5.  Until  the  State  shall  be  divided  into  Senatorial 
districts  in  accordance  with  the  provisions  of  this  article  said 
districts  shall  be  constituted  and  numbered  as  follows,  and  shall 
be  entitled  to  the  number  of  Senators  affixed  to  the  districts 
respectively. 
Districts.  Counties  No.  of  Senators. 

1  Weld  1 

2  Larimer 1 

3  Boulder   2 

4  Gilpin 1 

5  Gilpin,  Summit  and  Grand 1 

6  Clear  Creek 2 

7  Jefferson   1 

8  Arapahoe  4 

9  Elbert  and  Bent  ' 1 

10  El  Paso 1 

11  Douglas    1 

12  Park    1 

13  Lake  and  Saguache 1 

14  Fremont    1 

15  Pueblo 1 

16  Las  Animas    2 

17  Huerfano   1 

18  Costilla 1 

19  Conejos    1 

20  Rio  Grande,  Hinsdale,  La  Plata  and  San 

Juan    1 

Sec.  6.  Until  an  apportionment  of  Representatives  can  be 
made  in  accordance  with  the  provisions  of  this  article,  they  shall 


CONSTITUTIONAL   CONVENTION*  349 

In*  divided  aimmg  the  several  counties  of  tin-  Siale  in  the.  fol- 
lowing manner:  The  County  of  Arapahce  shall  have  sevep;  the 
< 'mimies  ..I'  H. uilder  and  riear  Creek,  each  four;  the  Counties 
of  Gilpin  and  Las  Aiiiinas.  each  three;  the  Counties  of  El  Paso, 
Fremont,  Huerfano,  Jefferson,  Pueblo  and  Weld,  each  two;  the 
counties  of  Bent,  Costilla,  Coiiejos,  Douglas,  Elbert,  Grand, 
Hinsdale,  Larimer,  La  Plata,  Lake,  Park,  Rio  Grande  Summit, 
Sa.miache  and  San  Juan,  each  one;  and  the  Counties  of  Costilla 
and  Conejos,  jointly  one. 

On  motion  of  Mr.  \Vilcox,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Crosby,  Chairman  of  the  Committee  on  Impeachment 
and  Removal  from  Office,  presented  the  report  of  that  Commit- 
tee, as  follows: 

Denver,  Colorado,  February  19,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Committee  on  Impeachment  and  Removal 
from  Office,  to  whom  was  referred  the  subject  matter  pertaining 
to  that  branch  of  the  Constitution,  have  had  the  same  under 
consideration,  and  respectfully  present  the  following  article  as 
their  report. 

HENRY  R.  CROSBY, 
Chairman  of  Committee. 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a  majority  of  all 
the  members  elected  shall  be  necessary  to  an  impeachment. 

All  impeachments  shall  be  tried  by  the  Senate,  and  when 
sitting  for  that  purpose  the  Senators  shall  be  upon  oath  or  af 
formation  to  do 'justice  according  to  law  and  evidence.  When  the 
Governor  or  Lieutenant  Governor  of  the  State  is  on  trial  the 
Chief  Justice  of  the  Supreme  Court  shall  preside.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  Judicial  officers, 
except  County  Judges  and  Justices  of  the  Peace,  shall  be  liable 
to  impeachment  for  high  crimes  or  misdemeanors  or  malfea- 
sance in  office;  the  judgment  in  such  cases  shall  not  extend  any 
further  than  removal  from  office  and  disqualification  to  hold  any 
office  of  honor,  trust  or  profit  in  the  State.  The  party,  whether 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  prosecu- 
tion and  judgments  and  punishment  according  to  law. 

Sec.  3.  Provision  shall  be  made  by  law  for  the  removal 
from  office  of  any  civil  officer  other  than  those  in  this  article 
previously  specified  for  misconduct  or  malfeasance  in  office. 


350  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Quillian,  Chairman  of  the  Committee  on  Schedule,  pre- 
sented the  report  of  that  committee,  as  follows: 

Denver,  Colorado,  February  19,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention: 
Your  Committee  on  Schedule,  to  whom  was  referred  the  sub- 
ject matter  pertaining  to  that  portion  of  the  Constitution,  beg 
leave  to  state  that  they  have  had  the  same  under  consideration, 
and  submit  the  following  report : 

R.  A.  QUILLIAN, 
Chairman  of  Committee. 

That  no  inconvenience  may  arise  by  reason  of  the  change 
from  a  Territorial  form  of  Government  to  that  of  a  permanent 
State  Government,  it  is  hereby  ordained  and  declared. 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  shall  remain  in  full 
force  until  they  expire  by  their  own  limitation  or  are  altered 
or  repealed  by  the  General  Assembly,  and  all  rights,  actions, 
prosecutions,  claims  and  contracts  of  the  Territory  of  Colorado, 
counties,  individuals  or  bodies  corporate  (not  inconsistent  there- 
with) shall  continue  as  if  the  form  of  government  had  not  been 
changed  and  this  Constitution  adopted. 

Sec.  2.  That  all  recognizances,  obligations  and  all  other  in- 
struments entered  into  or  executed,  before  the  admission  of  the 
State,  to  the  Territory  of  Colorado  or  to  any  subdivision  thereof, 
in  any  municipality  therein,  and  all  fines,  taxes,  penalties  and 
forfeitures  due  or  owing  to  the  Territory  of  Colorado  or  any 
such  subdivisions  or  municipality,  and  all  writs,  prosecutions, 
actions  and  causes  of  ^action,  except  as  herein  otherwise  pro- 
vided, shall  continue  and  remain  unaffected  by  the  change  of 
the  form  of  government. 

All  indictments  which  shall  have  been  found  or  may  here- 
after be  found,  and  all  informations  which  shall  have  been  filed 
cr  may  hereafter  be  filed,  for  any  crime  or  offense  committed 
before  this  Constitution  takes  effect,  may  be  proceeded  upon  as 
if  no  change  had  taken  place,  except  as  otherwise  provided  in 
this  Constitution. 

Sec.  3.  That  all  property,  real  and  personal,  and  mines, 
credits,  claims  and  choses  in  action,  belonging  to  the  Territory 
of  Colorado  at  the  adoption  of  this  Constitution,  shall  be  vested 
in  and  become  the  property  of  the  State  of  Colorado. 

On  motion  of  Mr.  Kennedy,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

.  Mr.  Hurd,  Chairman  of  the  Committee  on  Education  and 
Educational  Institutions,  submitted  the  following  report,  which 
on  his  own  motion  was  laid  upon  the  table  for  consideration 


CONSTITUTIONAL    CONVENTION.  ilol 

when   the  ariicle  on   Education  and  Educational  Institution**  is 
befOP€  I  h<i  <  'mi vent  ion. 

Denver.   Colorado.   I'Ybruary    1!>.    1^7<i 
To  thi»  Honorable  President  and  Members  of  the  (1nnstit  ni  innal 

<  'mi  vent  inn  : 

tienilemen — Your  Committee  on  Education  and  Educa- 
tional Institutions,  to  whom  was  referred  several  petitions  upon 
thr  subject  of  the  division  of  the  public  school  fund,  respect- 
fully beg  leave  to  report  the  same  back  to  the  Convention  with- 
out recommendation. 

All  of  which  is  respect fully  submitted. 

(Signed)  D.  HURD, 

Chairman. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  reports  of  the  Committee  on 
"Bill  of  Rights,"  "State,  County  and  Municipal  Indebtedness," 
"Counties,  Public  and  Private  Corporations,"  as  correctly 
printed. 

There  being  no  objection,  the  reports  were  received  and 
tiled  by  the  Secretary. 

Mr.  Hurd,  Chairman  of  the  Committee  on  Miscellaneous 
Subjects,  asked  that  further  time  be  granted  that  committee 
to  prepare  their  report,  which,  on  motion  of  Mr.  Widderfield, 
was  granted. 

.Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  a  report  of  that  committee,  as  follows, 
which  on  his  own  motion  was  received,  ordered  printed  and  laid 
upon  the  table  for  future  consideration: 

To  the  Honorable  J.  C.  Wilson,  President,  etc.: 

The  Committee  upon  Revisions  and  Adjustments,  to  whom 
was  referred  the  articles  relating  to  the  militia  and  to  future  am- 
endments of  the  Constitution,  having  had  the  same  under  con- 
sideration, beg  leave  to  return  them  with  sundry  emendations 
and  corrections,  in  which  the  concurrence  of  the  Convention  is 
respectfully  requested. 

Approved  February  19,  1876. 

E.  T.  WELLS, 

Chairman. 
MILITIA. 

Section  1.  The  Militia  of  the  State  shall  consist  of  all  able- 
bodied  male  residents  of  the  State  between  the  ages  of  eighteen 
and  forty-five  years,  except  such  persons  as  may  be  exempted 
by  the  laws  of  the  United  States  or  of  the  State. 

Sec.  2.  The  organization,  equipment  and  discipline  of  the 
Militia  shall  conform  as  nearly  as  practicable  to  the  regulations 
fer  i  lie  <JOY(M  nment  of  the  armies  of  the  United  Stales. 


352  PROCEEDINGS    OF    THE 

Sec.  3.  The  Governor  shall  appoint  all  general,  field  and 
staff  officers  and  commission  them.  Each  company  shall  elect 
its  own  officers,  who  shall  be  commissioned  by  the  Governor, 
but  if  any  company  shall  fail  to  elect  such  officers  within  the 
time  prescribed  by  law,  they  may  be  appointed  by  the  Governor. 

Sec.  4.  The  General  Assembly  shall  provide  for  the  safe 
keeping  of  the  public  arms,  militarv  records,  relics  and  banners 
of  the  State. 

Sec.  5.  No  person  having  conscientious  scruples  against 
bearing  arms  shall  be  compelled  to  do  military  duty  in  time  of 
peace,  provided  such  person  shall  pay  an  equivalent  for  such 
exemption. 

FUTURE   AMENDMENTS. 

Section  1.  The  General  Assembly  may  at  any  time,  by  a 
two-thirds  vote  of  the  members  elected  to  each  house,  recom- 
mend to  the  electors  of  the  State  to  vote  at  the  next  general 
election  for  or  against  a  Convention  to  revise,  alter  and  amend 
this  Constitution,  and  if  a  majority  of  those  voting  on  the  ques- 
tion shall  declare  in  favor  of  such  Convention,  the  General  As- 
sembly shall  at  its  next  session  provide  for  the  calling  thereof. 
The  number  of  members  of  the  Convention  shall  be  iwice  that 
of  the  Senate,  and  they  shall  be  elected  in  the  same  manner, 
at  the  same  places  and  in  the  same  districts. 

The  General  Assembly  shall,  in  the  act  calling  the  Conven- 
tion, designate  the  day,  hour  and  placee  of  its  meeting;  fix  the 
pay  of  its  members  and  officers  and  provide  for  the  payment  of 
the  same,  together  with  the  necessary  expenses  of  the  Conven- 
tion. 

Before  proceeding,  the  members  shall  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and  of  the  State  ol 
Colorado,  and  to  faithfully  discharge  their  duties  as  members 
of  the  Convention.  The  qualifications  of  members  shall  be  the 
same  as  of  members  of  the  Senate,  and  vacancies  occurring 
shall  be  filled  in  the  manner  provided  for  filling  vacancies  in 
the  General  Assembly. 

Said  Convention  shall  meet  within  three  months  after  such 
election  and  prepare  such  revisions,  alterations  or  amendments 
to  the  Constitution  as  may  be  deemed  necessary,  which  shall 
be  submitted  to  the  electors  for  their  ratification  or  rejection  at 
an  election  appointed  by  the  Convention  for  that  purpose  not 
less  than  two  nor  more  than  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted  and  approved  by  a  majority 
of  the  electors  voting  at  the  election,  no  such  revision  or  amend- 
ment shall  take  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  house  of  the  General  Assembly, 
and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  house,  such  proposed  amendments,  together 


CONSTITUTIONAL   CONVENTION.  353 

with  the  ayes  ;ii;<l  noes  of  eaeh  house  thereon,  shall  be  entered 
in  full  on  their  respe<  live  Journals;  and  the  Secretary  of  State 
shall  ranse  the  said  amendment  or  amendments  to  be  published 
in  full  in  a i  least  one  newspaper  in  each  county  (if  such  there 
be),  for  three  months  previous  to  the  next  general  election  for 
members  to  the  (iencral  Assembly;  and  at  said  election  the  said 
amendment  or  amendments  shall  be  voted  upon  by  the  qualified 
electors  of  the  State,  and  such  as  are  approved  by  a  majority  of 
those  voting  thereon  shall  become  part  of  this  Constitution,  but 
the  General  Assembly  shall  have  no  power  to  propose  amend- 
ments to  more  than  one  article  of  this  Constitution  at  the  same 
•session. 

Messrs.  Boyles,  Marsh  and  White  appeared. and  took  their 
seats. 

On  motion  of  Mr.  Plumb,  the  consideration  of  the  report 
of  the  Committee  on  Irrigation,  Agriculture  and  Manufactures 
was  made  the  special  order  for  next  Wednesday,  after  regular 
order  of  business. 

On  motion  of  Mr.  Clark,  the  report  of  the  Committee  of  the 
Whole  on  the  article  on  Education  and  Educational  Institu- 
tions was  taken  from  the  table. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  the  report  of  the  Committee  on  Education 
and  Educational  Institutions  as  reported  by  the  Committee  of 
the  Whole,  viz.: 

Section  1.  To  insert  the  word  "general"  before  the  word 
"suppression,"  in  the  first  line;  also,  in  same  line,  strike  out 
the  words  "instruction  in,"  and  to  add  to  the  section  the  words: 
"They  shall  have  no  power  to  prescribe  text  books  for  the  com 
mon  schools  for  the  State  of  Colorado." 

Sec.  2.  To  strike  out  the  words,  "including  elementary,  in- 
termediate and  university  departments,"  in  the  third  and  fourth 
lines;  also,  in  fourth  line  to  strike  out  the  word  "five"  and  in- 
sert in  lieu  the  word  "six." 

Sec.  3.  To  strike  out  all  of  the  section  after  the  word 
"fund"  in  the  sixth  line,  section  5,  to  strike  out  all  of  the  section 
after  the  word  "State"  in  the  third  line  and  insert  in  lieu  the 
words  "also  all  other  grants,  gifts  or  devices  that  may  be  made 
to  this  State  for  educational  purposes." 

Sec.  7.  To  insert  after  the  word  "fund"  in  the  third  line, 
the  words  "or  moneys."  Section  8.  To  add  to  the  section  the 
words,  "nor  shall  any  distinction  or  classification  of  pupils  be 
made  on  account  of  race  or  color." 

Section  12.    To  strike  out  the  whole  of  the  section. 

Section  15.  To  strike  out  all  of  the  section  after  the  word 
"University,"  in  the  second  line,  and  add  to  the  article  the  fol 
lowing  additional  section: 

12 


354  PROCEEDINGS    OF    THE 

Section  16.  The  General  Assembly  shall  by  law  provide  for 
organization  of  school  districts  of  convenient  size,  in  each  of 
which  shall  be  established  a  Board  of  Education  to  consist  of 
three  or  more  directors,  to  be  elected  by  the  people  of  the  dis- 
trict. Said  directors  shall  have  control  of  instruction  in  the 
public  schools  of  their  respective  districts. 

Mr.  Kennedy  moved  that  the  article  on  Education  and  Edu- 
cational Institutions  be  considered  by  sections,  which  was 
a greed  to. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

1  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 

2  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Hurd  moved  to  amend  section  3  by  adding  to  the  sec- 
tion the  words:  "He  shall  invest  the  same  in  bonds  of  the  State 
or  bonds  of  the  United  States,  as  may  be  provided  by  law." 

Mr.  Crosby  moved  that  the  consideration  of  the  article  on 
Education  and  Educational  Institutions  be  postponed  until 
Monday  next,  at  2:00  o'clock. 

And  the  question  being  upon  the  motion  of  Mr.  Crosby  to 
postpone  and  being  put  and  a  division  called,  it  was  decided  in 
the  negative.  Ayes,  2;  noes,  11. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Crosby  to  postpone. 

Mr.  Stone  moved  to  amend  the  amendment  offered  by  Mr. 
Hurd,  by  adding  to  the  section  the  words  "and  the  same  shall 
be  invested  in  some  safe  and  profitable  manner,  as  the  General 
Assembly  shall  from  time  to  time  direct." 

And  the  question  being  on  the  motion  of  Mr.  Stone  to 
amend  and  being  put,  it  was  decided  in  the  affirmative.  Ayes, 
21;  noes,  9. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Beck,  Carr,  Clark,  Cooper,  Crosby,  Douglas,  Felton, 
Hough,  Lee,  Marsh,  Meyer,  Plumb,  Quillian,  Stone,  Stover, 
Thatcher,  Vigil,  White,  Wheeler,  Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Boyles,  Bromwell,  Ebert,  Elder,  Head,  Hurd,  Web- 
ster, Wells,  Yount. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Stone. 

Mr.  White,  as  an  amendment  to  section  3,  moved  to  add 
to  the  section  the  following  words:  "And  the  State  shall  supply 
all  losses  thereof  that  may  in  any  manner  occur,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  White. 


CONST  IT  i  TIONAL    <'<>\Yi;  \TION.  355 

.Mr.  ('MIT  moved  to  amend  section  :>  by  adding  lln-i-Ho  the 
words.  "Mini  no  invest  meiil  shall  be  made  wliicli  sliMll  pay  ;i 
less  amount  than  five  per  centum  on  the  amount  invested." 

Mr.  Him!  moved  to  amend  the  amendment  offered  by  Mr. 
('MIT.  l»y  sinking  <;ni  the  word  "live"  ;unl  inserting  in  lien  the 
word  "eight." 

And  the  <|ncstion  being  on  the  motion  of  Mr.  Hurd  to 
Mim-nd  i  In-  ;;memlment  offered  by  Mr.  Carr  and  being  put,  it 
WMS  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
ottered  by  Mr.  Hurd. 

The  question  then  recurring  on  the  motion  of  Mr.  Carr  to 
amend  section  3  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Carr. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  3  as 
reported  by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Widderfield,  the  Convention  adopted 
section  4  as  reported  by  the  Committee  of  the  Whole, 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  5 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Stone  moved  to  amend  section  6  by  inserting  the  word 
"school"  before  the  word  "lands,"  in  third  line,  and  also,  before 
the  word  "land"  in  the  fourth  line,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  to 
section  6,  offered  by  Mr.  Stone. 

Mr.  Marsh  moved  to  amend  section  6  by  adding  thereto  the 
words,  "Provided,  the  said  ex-officio  Land  Commissioner  shall 
not  have  the  power  to  sell  or  dispose  of  the  public  school  lands," 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Marsh. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  ran-  moved  that  the  Convention  now  proceed  to  the 
consideration  of  section  12  as  reported  by  the  Committee  of  the 
Whole,  which  was  agreed  to. 

Mr.  lieck  moved  to  amend  section  12  by  striking  out.  of  the 
first  and  second  lines  the  words,  "in  each  Judicial  District  in 
this  State,  at  the  time  of  the  election  of  judges  thereof,"  and  in- 
serting in  lieu  the  words,  "by  the  State  at  large  at  the  first  gen- 
eral election,  six;"  also,  in  second  line,  strike  out  the  word  "re- 
gent" and  insert  the  word  "regents"  in  lieu;  also,  strike  out  the 
words,  "Shall  be  the  same  MS  that  of  said  Judges,"  and  insert  in 
lieu  the  words  "Except  at  the  first  election  shall  be  six  years;" 
M! so,  to  insert  after  the  word  "Judges"  in  third  line  the  words, 
"The  Regents  of  said  University  shall  immediately  after  the 


356  PROCEEDINGS    OF    THE 

first  election  be  classed  by  lot,  so  that  two  shall  hold  their  of- 
fices for  the  term  of  two  years,  two  for  four  years  and  two  for 
six  years." 

Pending  debate,  the  Convention,  on  motion  of  Mr.  Wilcox, 
adjourned  until  2:00  o'clock  p.  m. 


2:00  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Bromwell,  Beck,  Cushman. 
Garcia,  Hurd,  James,  Pease,  Kockwell,  Stone,  Stover,  Webster 
and  White. 

The  President  having,  in  accordance  with  the  resolution 
adopted  by  the  Convention  on  the  14th  inst,  called  for  the  re- 
ports of  Standing  Committees, 

Mr.  Yount  asked  that  further  time  be  granted  to  the  Com- 
mittee on  Eevenue  and  Finance  to  prepare  their  report,  which, 
on  motion  of  Mr.  Wilcox,  was  granted. 

On  motion  of  Mr.  Carr,  further  time  was  granted  to  the 
Committee  on  Mines  and  Mining  to  prepare  their  report  on  the 
section  recommitted  to  that  committee. 

Mr.  Thatcher,  Chairman  of  the  Committee  on  Legislature 
and  Legislation,  submitted  a  report  of  that  committee,  as  fol- 
lows: 

Denver,  Colorado,  February  19,  1876. 
To  the  President  of  the  Constitutional  Convention: 

Your  Committee  on  Legislature  and  Legislation,  to  whom 
was  recommitted  section  (6)  of  their  original  report,  respectfully 
report  the  same  back  in  an  amended  form  and  recommend  the 
same  for  adoption,  as  follows: 

HENEY   C.   THATCHER, 

Chairman. 
C.   P.   ELDER, 
WM.  H.  MEYER, 
WM.  M.  CLARK, 
P.  P.  WILCOX, 
W,  C.  STOVER, 
GEORGE  BOYLES. 

Sec.  6.  As  a  compensation  for  their  services,  the  members 
of  the  First  General  Assembly,  for  the  first  forty  days'  attend- 
ance, shall  receive  a  per  diem  of  four  dollars,  and  three  dollars 
per  day  for  each  day's  attendance  thereafter,  and  fifteen  cents 
for  each  mile  necessarily  traveled  in  going  to  and  returning 
from  the  seat  of  Goverment,  and  they  shall  receive  no  other 
compensation,  perquisite  or  allowance  whatsoever.  No  session 
of  the  General  Assembly  shall  exceed  fifty  days.  After  the 


CONSTITI   Tln.NAI.    CONVENTION.  .",."7 

iii-si  session  the  compensation  of  the  members  of  the  Genera! 
AssemMv  shall  be  as  provided  by  law. 

On  mot  ion  of  Mr.  Qnillian,  the  report  was  received  and  laid 
upon  tin*  table  for  future  consideration. 

On  motion  of  Mr.  Wells,  the  Committee  on  Judiciary  u« -n 
^ra n i. M!  leave  to  defer  their  report  until  Wednesday  morning 
next. 

.Mr.  Hough.  Chairman  of  the  Committee  on  Printing,  asked 
that  further  time  be  granted  that  committee  to  prepare  their 
report  on  the  cost  of  publishing  the  Constitution  and  address  to 
the  people,  in  English,  Spanish  and  German,  which,  on  motion 
<>f  .Mr.  ouillian,  was  granted. 

Messrs.  Bromwell,  Kurd,  Stone  and  Stover  appeared  and 
took  their  seats. 

The  Convention  resumed  consideration  of  the  report  of  the 
Committee  of  the  Whole  on  the  article  on  Education  and  Edu- 
rational  Institutinos. 

Mr.  Carr  moved  to  amend  section  12  by  striking  out  all  of 
the  section  from  the  beginning  down  to  and  including  the  word 
".hnlges."  in  the  third  line,  and  inserting  in  lieu  the  words, 
"There  shall  be  elected  by  the  qualified  electors  of  the  State  at 
the  first  general  election  under  this  Constitution,  six  Regents 
of  the  University,  who  shall  immediately  after  their  election  be 
classified  by  lot,  (so)  that  two  shall  hold  their  office  for  the  term 
of  two  years,  two  for  four  years  and  two  for  six  years,  and  every 
two  years  after  the  first  election  there  shall  be  elected  two  Re- 
gents of  the  University,  whose  term  of  office  shall  be  six  years/' 

On  motion  of  Mr.  Marsh,  section  12,  with  the  amendments 
thereto  offered  by  Mr.  Clark  and  Mr.  Carr,  were  [wras]  laid  upon 
the  table,  to  be  considered  when  that  section  is  reached. 

Mr.  Clark  moved  the  adoption  of  section  7. 

Mr.  Hough  moved  that  section  7  be  stricken  out. 

And  the  question  being  on  the  motion  of  Mr.  Hough,  to 
strike  out  section  7,  and  being  put,  it  was  decided  in  the  nega- 
tive. Ayes,  3;  noes,  24. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Crosby,  Hough  and  Hurd. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Carr.  Clark,  Cooper,  Douglas,  Ellsworth, 
Elder,  Ebert,  Felton,  Hurd,  Lee,  Marsh,  Meyer,  Plumb,  Quillian, 
Stone,  Stover,  Thatcher,  Vijil,  Wells,  Wheeler,  Widderfield, 
Yount  and  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Hough  to  strike  out. 

The  question  then  recurring  on  the  motion  of  Mr.  Clark  to 
adopt  section  7,  as  reported  by  the  Committee  of  the  Whole 


358  PROCEEDINGS    OP    THE 

and  being  put,  it  was  decided  in  the  affirmative.  Ayes,. 25;  noes, 
3. 

The  ayes  and  noes  being  called  for  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Carr,  Clark,  Cooper,  Douglas,  Ellsworth, 
Elder,  Ebert,  Felton,  Hurd,  Kennedy,  Lee,  Marsh,  Meyer, 
Plumb,  Quillian,  Stone,  Stover,  Thatcher,  Vijil,  Wells,  Wheeler, 
Widderfield  and  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Crosby,  Head  and  Hough. 

So  the  Convention  adopted  section  7  as  reported  by  the 
Committee  of  the  Wliole. 

Mr.  Marsh  moved  to  amend  section  9  by  inserting  the  word 
"Governor"  after  the  word  "the"  in  the  first  line,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  section 
9,  offered  by  Mr.  Marsh. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  9  as 
reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Webster  appeared  and  took  his  seat. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section 
10  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  11 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Carr,  section  12,  with  the  amendments 
thereto  offered  by  Mr.  Beck  and  Mr.  Carr,  were  [was]  taken 
from  the  table. 

And  the  question  being  on  the  motion  of  Mr.  Carr  to  amend 
section  12  by  striking  out  all  after  section,  down  to  and  includ- 
ing the  word  "Judges,"  in  the  third  line,  and  inserting  in  lieu 
the  substitute  offered  by  Mr.  Carr,  and  being  put,  it  was  agreed 
to. 

So  the  Convention  concurred  in  the  amendment  to  section 
12,  offered  by  Mr.  Carr. 

On  motion  of  Mr.  Quillian,  the  Convention  adopted  section* 

12,  as  reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Carr  moved  to  amend  section  13  by  inserting  after  the 
word  "voting,"  in  the  third  line,  the  words  "except  in  the  cases 
[case]  of  a  tie,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendments  to  section 

13,  offered  by  Mr.  Carr. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

13  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  section 

14  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Wheeler  introduced  an  additional  section  to  the  article 
on  Education  and  Educational  Institutions,  to  be  numbered 


CONSTITI   TIONAI.    ro.NV  r:\TI  ON.  359 

section   l."i:     "The  <iriirral   A ssenibl v  sliall,  as  soon  as  practic- 
able,   provide   for    the   support    ami    maintenance  of  the  Institu 
lion  for  the   Kdiication  of  Deaf  Mutes,  Tniversity  of  Colorado, 
the  Aiirinili  nral  College  and  School  of  Mines." 

Mr.  (Mark  moved  the  adoption  of  the  section  introduced  l»v 
Mr.  Wheeler. 

And  i  IK-  question  being  upon  the  motion  of  Mr.  Clark  t<> 
adopt  the  additional  section,  and  being  put,  it  was  decided  in 
the  anirmative.  Ayes,  15;  noes,  8. 

Those  voting  in  the  affirmative  are: 

Messrs.  Bromwell,  Carr,  Clark,  Douglas,  Elder,  Ebert, 
Hough,  Kennedy,  Lee,  Stover,  Vijil,  Wheeler,  White,  Yount  and 
Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Cooper,  Ellsworth,  Head,  Hurd,  Quillian,  Stone, 
Widderfield,  Wilcox. 

So  the  Convention  adopted  the  additional  section  intro- 
duced by  Mr.  Wheeler. 

Mr.  Boyles  appeared  and  took  his  seat. 

Mr.  White  moved  to  amend  section  15  as  reported  by  the 
Committee  of  the  Whole,  by  striking  out  all  after  the  word  "dis- 
trict," in  the  third  line,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  White. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  15 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Hurd  introduced  the  following  as  an  additional  section 
and  moved  its  adoption: 

Section  17.  The  General  Assembly  shall  have  no  power  to 
encourage  a  monopoly  in  the  sale  of  text  books  to  be  used  in  the 
public  schools  of  this  State  by  prescribing  a  uniform  system 
thereof. 

Mr.  Bromwell  offered  the  following  as  a  substitute  for  the 
section  introduced  by  Mr.  Hurd: 

Section  17.  Thte  General  Assembly  shall  have  no  power 
to  prescribe  text  books  to  be  used  in  the  public  schools  in  any 
case  whatever. 

Which  substitute  was  accepted  by  Mr.  Hurd. 

Mr.  Cooler  moved  to  amend  the  substitute  section  offered 
by  Mr.  Bromwell  and  accepted  by  Mr.  Hurd  by  striking  out  the 
words  "any  case  whatever,"  ami  inserting  in  lieu  the  words  ''this 
State,''  which  amendment  was  also  accepted  by  Mr.  Hurd. 

Mr.  Boyles  moved  to  lay  the  section  upon  the  table,  which 
was  not  agreed  to. 

Mr.  Wells,  as  an  amendment,  moved  to  strike  out  the  words 
"in  this  State." 


360  PROCEEDINGS    OP    THE 

And,  the  question  being  on  the  motion  of  Mr.  Wells  to 
strike  out,  and  being  put,  and  a  division  being  called,  it  was 
decided  in  the  affirmative — ayes,  12;  noes,  7. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Wells  to 
strike  out. 

The  question  then  recurring  on  the  motion  of  Mr.  Hurd  to 
adopt  the  additional  section  as  amended,  and  being  put,  it  was 
agreed  to. 

So  the  Convention  adopted  the  additional  section  as  amended. 

Mr.  White  introduced  the  following  as  an  additional  section 
and  moved  its  adoption:  Section  18.  The  Bible  shall  not  be 
introduced  in  any  public  school  in  this  State  for  the  purpose  of 
religious  instruction. 

Mr.  Carr  moved  to  amend  the  section  offered  by  Mr.  White 
by  inserting  after  the  word  "Bible,"  the  words  the  Koran,  the 
works  of  Andrew  Jackson  Davis,  Swedenborg,  Mr.  Thomas  Paine. 

And,  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  the  section  offered  by  Mr.  Whdte,  and  being  put,  it  was 
not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  offered 
by  Mr.  Carr. 

The  question  then  recurring  on  the  motion  of  Mr.  White  to 
adopt  the  additional  section,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  adopt  the  additional  section 
introduced  by  Mr.  White. 

So  the  Convention  adopted  the  article  on  Education  and 
Educational  Institutions  in  the  words  following: 

ARTICLE  - 


EDUCATION  AND  EDUCATIONAL   INSTITUTIONS. 

Section  1.  The  general  supervision  of  the  public  schools  of 
this  State  shall  be  vested  in  a  board  of  education,  whose  powers 
and  duties  shall  be  prescribed  by  law;  the  State  Superintendent 
of  Public  Instruction  shall  be  President  of  the  Board.  The  Secre- 
tary of  State  and  Attorney  General  shall  be  ex-officio  members, 
and,  with  the  Superintendent  of  Public  Instruction,  compose  the 
"State  Board  of  Education."  They  shall  have  no  power  to  pre- 
scribe text  books  for  the  common  schools  for  the  State  of  Colo- 
rado. 

Sec.  2.  The  General  Assembly  shall,  as  soon  as  practicable 
after  the  adoption  of  this  Constitution,  provide  for  the  establish- 
ment and  maintenance  of  a  thorough  and  uniform  system  of  free 
public  schools  throughout  the  State  where  all  residents  of  the 
State,  between  the  ages  of  six  and  twenty-one  years,  may  be 
educated  gratuitously.  One  or  more  public  schools  shall  be  main- 
tained in  each  school  district  within  the  State  at  least  three 
months  in  each  year;  any  school  district  failing  to  have  such 


«M\siiii    1IONAL   CONVENTION.  361 

school  shall  not  be  entitled  to  receive  any  portion  of  the  school 
fund  for  that  year. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  iniart  ;  the  interest  thereon  only  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State,  and 
shall  be  distributed  amongst  the  several  counties  and  school  dis- 
tricts of  the  State  in  such  manner  as  may  be  prescribed  by  law. 
No  part  of  this  fund,  principal  or  interest,  shall  ever  be  trans 
lei-red  io  any  other  fund  or  used  or  appropriated,  except  as  herein 
pi-muled.  The  State  Treasurer  shall  be  the  custodian  of  this  fund* 
and  the  same  shall  be  invested  in  some  safe  and  profitable  man- 
ner, as  the  General  Assembly  shall  from  time  to  time  direct,  and 
the  State  shall  supply  all  losses  thereof  that  may  in  any  man- 
ner occur. 

Sec.  4.  All  school  funds  belonging  to  the  counties  or  school 
districts  of  this  State  shall  be  collected  by  the  county  treasurers, 
and  held  by  them  until  disbursed  to  the  proper  districts  by  war- 
rants drawn  on  the  county  treasurers  by  county  superintendents 
or  by  the  proper  district  authorities,  as  may  be  provided  by  law. 

Sec.  5.  The  public  school  fund  of  the  State  shall  consist  of 
the  proceeds  of  such  lands  as  have  heretofore  or  may  hereafter  be 
granted  to  the  State  by  the  general  government  for  educational 
purposes;  all  estates  that  may  escheat  to  the  State;  also,  all  other 
grants,  gifts  or  devises  that  may  be  made  to  this  State  for  educa- 
tional purposes. 

Stec.  6.  There  shall  be  a  County  Superintendent  of  Schools 
in  each  county  in  this  State,  whose  term  of  office  shall  be  two 
years,  and  whose  duties,  qualifications  and  compensation  shall  be 
prescribed  by  law.  The  County  Superintendent  of  Schools  shall  be 
ex-officio  commissioner  of  lands  within  his  county,  and  shall  dis- 
charge the  duties  of  said  office  under  the  direction  of  the  State 
Board  of  Land  Commissioners  as  directed  by  law. 

Sec.  7.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  public  corporation  shall 
ever  make  any  appropriation,  or  pay  from  any  public  fund  or 
moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society,  or  for  any  sectarian  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution  controlled  by  any  church  or  sec- 
tarian demonination  whatever,  nor  shall  any  grant  or  donation 
of  land,  money  or  other  personal  property  ever  be  made  by  the 
State  or  any  such  public  corporation  to  any  church  or  for  any 
sectarian  purpose. 

Sec.  s.  No  religious  test  or  qualification  shall  ever  be  re- 
quired of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  this  State,  either  as  teacher  or  student; 
ami  no  teacher  or  student  of  any  such  institution  shall  ever  be 
required  to  attend  or  participate  in  any  religious  service  what- 
ever, nor  shall  any  distinction  or  classification  of  pupils  be  made 
on  account  of  race  or  color. 


362  PROCEEDINGS    OF    THE 

Sec.  9.  The  Governor,  Superintendent  of  Public  Instruction, 
Secretary  of  State  and  Attorney  General  shall  constitute  the 
State  Board  of  Land  Commissioners,  who  shall  have  the  direction, 
control  and  disposition  of  the  public  lands  of  the  State  under 
such  regulations  as  may  be  prescribed  by  law. 

Sec.  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  all  the  lands  heretofore  or  which  may  here- 
after be  granted  to  the  State  by  the  general  government,  under 
such  regulations  as  may  be  prescribed  by  law,  and  in  such  man- 
ner as  will  secure  the  maximum  possible  amount  therefor.  No 
law  shall  ever  be  passed  by  the  General  Assembly  granting  any 
privileges  to  persons  who  may  have  settled  upon  any  such  pub- 
lic lands  subject  to  the  survey  thereof  by  the  general  govern- 
ment by  which  the  amount  to  be  derived  by  the  State,  or  other 
disposition  of  such  lands,  shall  be  diminished  directly  or  indi- 
rectly. 

Sec.  11.  The  General  Assembly  may  require  by  law  that 
every  child  of  sufficient  mental  'and  physical  ability  shall  attend 
the  public  school  during  the  period  between  the  ages  of  six  and 
eighteen  years  of  age  for  a  time  equivalent  to  three  years,  unless 
educated  by  other  means. 

Sec.  12.  There  shall  be  elected  by  the  qualified  electors  of 
the  State  at  the  first  general  election  under  this  Constitution  six 
Regents  of  the  University,  who  shall  immediately  after  their  elec- 
tion be  so  classified  by  lot  that  two  shall  hold  their  office  for 
the  term  of  two  years,  two  for  four  years,  and  two  for  six  years ; 
and  every  two  years  after  the  first  election  there  shall  be  elected 
two  Regents  of  the  University  whose  term  of  office  shall  be  six 
years.  The  regents  thus  elected  and  their  successors  shall  con- 
stitute a  body  corporate  to  be  known  by  the  style  of  the  "Regents 
of  the  University  of  Colorado." 

Sec.  13.  The  Regents  of  the  University  shall,  at  their  first 
meeting  or  as  soon  thereafter  as  practicable,  elect  a  president 
of  the  University,  who  shall  hold  his  office  until  removed  by  the 
board  for  cause.  He  shall  be  ex-officio  member  of  the  board,  with 
the  privilege  of  speaking,  but  not  voting,  except  in  cases  of  a  tie. 
He  shall  preside  at  the  meetings  of  the  board,  and  be  the  principal 
executive  officer  of  the  University,  and  a  member  of  the  faculty 
thereof. 

Sec.  14.  The  Board  of  Regents  shall  have  the  general  super- 
vision of  the  University  and  the  exclusive  control  and  direction 
of  all  funds  of  and  appropriations  to  the  University. 

Sec.  15.  The  General  Assembly  shall  as  soon  as  practicable 
provide  for  the  support  and  maintenance  of  the  institution  for 
the  education  of  deaf  mutes,  University  of  Colorado,  the  Agricul- 
tural College  and  the  School  of  Mines. 

Sec.  16.  The  General  Assembly  shall  by  law  provide  for 
organization  of  school  districts  of  convenient  size,  in  each  of 


which  shall  be  eslablislu  <1  a  Hoard  nt'  Kdncal  inn,  HI  consist  of 
three  or  more  directors  to  he  e!"cted  by  the  people  of  the  dis- 
trict. Said  directors  shall  have  control  of  instruction  in  the 
public  schools  of  their  respective  districts. 

Sec.  17.  The  (leneral  Assembly  shall  have  no  power  to  pre- 
scribe text  books  to  be  used  in  the  public  schools. 

On  motion  of  Mr.  Clark,  the  article  on  Education  and  Educa- 
tional Institutions,  as  adopted  by  the  Convention,  was  ordered 
engrossed  and  referred  to  the  Committee  on  Revisions  and  Ad- 
just nients. 

On  motion  of  Mr.  Thatcher,  section  6  of  the  article  on  Legisla- 
ture and  Legislation,  as  reported  by  the  Committee  on  Legisla- 
ture and  Legislation,  was  taken  from  the  table. 

The  section  having  been  read  by  the  Secretary,  Mr.  Kennedy 
moved  its  adoption. 

Mr.  Youut  moved  to  amend  the  section  by  striking  out  the 
word  "first"  before  the  word  "general." 

And,  the  question  being  upon  the  motion  of  Mr.  Yount  to 
strike  out,  and  being  put,  and  a  division  called,  it  was  decided 
in  the  negative — ayes,  5;  noes,  14. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Yount  to  strike  out. 

.Mr.  Hough  moved  to  amend  the  section  by  striking  out  the 
word  "four"  where  it  occurs  and  inserting  in  lieu  the  word  "six;" 
also  by  striking  out  the  word  "three"  where  it  occurs  and  insert- 
ing in  lieu  the  word  "four." 

And  the  question  being  upon  the  motion  of  Mr.  Hough  to 
amend  the  section,  and  being  put,  and  a  division  called,  it  was 
decided  in  the  negative — ayes  8,  noes  16. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Hough. 

Mr.  Felton  moved  to  amend  the  section  by  striking  out  the 
word  "four"  and  inserting  in  lieu  the  word  "five." 

Mr.  Crosby  moved  to  amend  the  amendment  offered  by  Mr. 
Felton  by  striking  out  the  word  "four"  and  inserting  in  lieu 
the  word  "two." 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Crosby  to  strike  out  the  word  "four"  and  insert  in  lieu  the 
word  "two,"  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Crosby. 

The  question  then  recurring  on  the  amendment  offered  by 
Mr.  Felton,  and  bring  put.  it  was  decided  in  the  negative — ayes 
11,  noes  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affir- 
mative are: 

Messrs.  Crosby,  Ellsworth,  Elder,  Ebert,  Felton,  Hurd, 
Iloun-h.  Lee.  White,  \Yolls,  Wilcox. 


364  PROCEEDINGS    OF    THE 

Those  voting  in  the  negative  are : 

Messrs.  Boyles,  Bromwell,  Carr,  Clark,  Cooper,  Douglas, 
Head,  Kennedy,  Meyer,  Plumb,  Quillian,  Stone,  Thatcher,  Vigil, 
Webster,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Felton. 

Mr.  Quillian  moved  to  amend  by  striking  out  the  word  "fifty" 
and  inserting  in  lieu  the  word  "forty,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Quillian. 

Mr.  Bromwell  moved  to  amend  the  section  by  adding  thereto 
the  word  "provided,  that  the  General  Assembly  shall  fix  its  own 
compensation,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell. 

Mr.  Wells  moved  to  amend  section  by  adding  thereto  the 
words  "no  bill,  except  the  general  appropriation  bill  for  the 
expenses  of  the  Government  only,  shall  be  introduced  in  either 
house  of  the  General  Assembly  after  the  first  twenty  days  of  the 
session." 

Mr.  Crosby  moved  to  amend  the  amendment  offered  by  Mr. 
Wells  by  striking  out  the  word  "twenty"  and  inserting  in  lieu 
the  word  "thirty." 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Crosby,  and  being  put,  and  a  division  called,  it  was  decided  in 
the  negative — ayes  10,  noes  14. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Crosby. 

Mr.  Wilcox  moved  to  amend  the  amendment  offered  by  Mr. 
Wells,  by  adding  thereto  the  words  "except  by  consent  of  three- 
fourths  of  the  members  of  both  houses  of  the  General  As- 
sembly," which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Wilcox  to  the  amendment  offered  by  Mr.  Wells. 

Mr.  Yount  moved  to  amend  the  amendment  offered  by  Mr. 
Wells,  by  adding  thereto  the  words  "and  no  appropriation  bill 
shall  be  passed  without  two-thirds  of  the  members  of  the  General 
Assembly  voting  therefor." 

And  the  question  being  upon  the  motion  of  Mr.  Yount  to 
amend  the  amendment  offered  by  Mr.  Wells,  and  being  put,  and 
a  division  called,  it  was  decided  in  the  negative — ayes  8,  noes  13. 

Mr.  Clark  moved  to  amend  the  amendment  offered  by  Mr. 
Wells  by  striking  out  the  word  "twenty"  and  inserting  in  lieu 
the  word  "twenty-five." 

And  the  question  being  on  the  amendment  offered  by  Mr. 
Clark  to  the  amendment  offered  by  Mr.  Wells,  and  being  put,  it 
was  decided  in  the  affirmative — ayes  23,  noes  5. 


CON8TJTI    I K>\AL    CONVENTION.  365 

Tin*  ayes  ;m<l  noes  hcin^  called  for,  those  voting  in  the 
ivi-  are: 

Messrs.    r.nyles,   Bromwell,    Carr,    Clark,    Cooper,    Crosby, 

irlns.  Ellsworth.  KMcr.  Ebert,  Felton,  Hurd,  Hough,  Head, 
Mevrr.  I'luniK  (Juillian,  Stover,  Vigil,  Webster,  Wheeler,  Yount, 
Mr.  President. 

Tlmsr  voting  in  the  negative  are: 

Messrs.  Stone,  Thatcher,  White,  Wells,  Wilcox. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Clark  to  the  amendment  offered  by  Mr.  Wells. 

The  question  then  recurring  on  the  amendment  offered  by 
Mr.  \\Vlls,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

Mr.  Thatcher  moved  to  amend  the  section  by  striking  out  the 
words  "the  first  forty"  and  inserting  in  lieu  the  word  "each;" 
also  by  striking  out  the  words  "and  three  dollars  per  day  for  each 
day's  attendance  thereafter.'' 

Mr.  Ellsworth  moved  to  adjourn  until  9  o'clock  a.  m.  on 
Monday,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Ellsworth  to  adjourn. 

Mr.  Carr  moved  to  recommit  the  section  with  its  various 
amendments  to  the  Committee  on  Legislature  and  Legislation, 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Carr  to  recommit. 

The  question  then  being  on  the  motion  of  Mr.  Thatcher  to 
amend  the  section,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  to  the  sec- 
tion offered  by  Mr.  Thatcher. 

Mr.  Thatcher  moved  to  amend  the  section  by  inserting  be- 
tween the  words  "General  Assembly"  and  "shall"  the  words 
"after  the  first,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Thatcher. 

Mr.  Felton  moved  to  amend  by  striking  out  the  words  "a  per 
diem  of,"  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Felton. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  on  Legislature  and  Legislation  as 
amended. 

Mr.  Yount  introduced  the  following  resolution,  and  on  his 
own  motion  it  was  referred  to  the  Committee  on  Legislature  and 
Legislation . 

Resolved,  That  no  appropriation  ought  to  be  made,  except 
for  the  payment  of  the  public  debt  or  the  interest  thereon  and 


366  PROCEEDINGS    OF    THE 

for  the  support  of  the  Executive,  Legislative  and  Judicial  de- 
partments, for  the  purpose  of  suppressing  insurrection  or  repel- 
ling invasion,  without  the  concurrence  of  two-thirds  of  all  the 
members  elected  to  each  house  of  the  General  Assembly. 

So  the  Convention  adopted  the  article  on  Legislature  and 
Legislation,  as  follows: 

LEGISLATURE  AND  LEGISLATION. 

THE  LEGISLATURE. 

Section  1.  The  Legislative  power  shall  be  vested  in  the 
General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  first  Tuesday  in  October  in  the  years  of  our 
Lord,  1876  and  1878,  and  in  each  alternate  year  thereafter  on 
such  day  as  may  be  provided  by  law  in  each  county,  at  such 
places  therein  as  are  now  or  hereafter  may  be  provided  by  law. 
The  first  election  for  members  of  the  General  Assembly  under 
the  State  organization  shall  be  conducted  in  the  same  manner 
as  is  prescribed  by  the  laws  of  Colorado  Territory  regulating 
elections  therein  for  members  of  the  General  Assembly  of  said 
Territory.  When  vacancies  occur  in  either  house,  the  Governor 
or  person  exercising,  the  powers  of  Governor  shall  issue  writs 
of  election  to  fill  such  vacancies. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  (provided),  and  Representatives  for  the 
term  of  two  years. 

Sec.  4.  No  person  shall  be  a  Representative  or  Senator  who 
shall  not  have  attained  the  age  of  twenty-five  years,  who  shall 
not  be  a  citizen  of  the  United  States,  who  shall  not  have  re- 
sided within  the  limits  of  the  county  or  district  in  which  he 
shall  be  chosen  twelve  months  next  preceding  his  election,  if 
such  county  or  district  shall  have  been  so  long  established,  but 
if  not,  then  within  the  limits  of  the  county  or  counties,  district 
or  districts,  out  of  which  the  same  shall  have  been  created,  unless 
he  shall  have  been  absent  on  the  public  business  of  the  United 
States  or  of  this  State;  Provided,  That  at  the  first  election  under 
this  Constitution  any  person  who  was  a  qualified  elector  under 
the  Territorial  laws  shall  be  eligible  to  the  General  Assembly. 

Sec.  5.  The  Senators  at  their  first  session  herein  provided 
for  shall  be  decided  by  lot  from  their  respective  counties  or  dis- 
tricts as  near  as  can  be  into  two  classes.  The  seats  of  the  Sena- 
tors of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year  and  those  of  the  second  class  at  the  expiration  of 
the  fourth  year,  so  that  one-half  thereof,  as  near  as  possible,  may 
be  biennially  chosen  forever  thereafter. 

Sec.  6.  As  a.  compensation  for  their  services  the  members 
of  the  first  General  Assembly  for  each  day's  attendance  shall  re- 
ceive a  per  diem  of  four  dollars,  and  fifteen  cents  for  each  mile 


CONsi  ITI  TlnNAL   CONVENTION.  367 

necessarily  traveled  in  u<>in^  in  and  returning  from  the  scat  of 
government,  and  they  shall  receive  no  oilier  compensation,  per 
(piisite  or  allowance  whatsoever.  X<>  session  of  the  General 
A^emhly  after  the  tirst  shall  exceed  forty  days.  After  the  first 
session  the  compensation  of  the  members  <»f  the  General  Assem- 
bly shall  be  as  provided  by  law.  provided  that  no  General 
Assembly  shall  iix  its  own  compensation.  No  bill  except  the 
general  appropriation  bill,  for  the  expenses  of  the  government 
only,  shall  be  introduced  in  either  House  of  the  General  Assem- 
bly after  the  first  twenty-live  days  of  the  session. 

Sec.  7.  The  General  Assembly  shall  meet  at  12  o'clock  noon 
on  the  fourth  Wednesday  in  November  A.  D.  1876,  and  at  12 
o'clock  noon  on  the  first  Wednesday  in  January  of  each  alternate 
year  thereafter,  and  at  other  times  when  convened  by  the  Gover- 
nor. The  term  of  service  of  the  members  thereof  shall  begin  on 
the  fourth  Wednesday  of  November  next  after  their  election 
until  otherwise  provided  by  law. 

Sec.  s.  No  Senator  or  Representative  shall  during  the  time 
for  which  he  shall  have  been  elected  be  appointed  to  any  civil 
office  under  the  State,  and  no  member  of  Congress  or  other  person 
holding  any  office  (except  attorney  at  law,  notary  public  or  in  the 
militia)  under  the  United  States  or  this  State,  shall  be  a  mem- 
ber of  either  House  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  House  shall  during  the  term 
for  which  he  may  have  been  elected  receive  any  increase  of  salary 
or  mileage  under  any  law  passed  during  such  term. 

Sec.  10.  The  Senate  shall  at  the  beginning  and  close  of 
each  regular  session,  and  at  such  other  times  as  may  be  neces- 
sary, elect  one  of  its  members  President  pro  tempore,  who  shall 
perform  the  duties  of  Lieutenant  Governor  in  any  case  of  ab- 
sence or  disability  of  that  officer  and  whenever  the  said  office 
of  Lieutenant  Governor  shall  be  vacant. 

The  House  of  Representatives  shall  elect  one  of  its  members 
as  Speaker.  Each  House  shall  choose  its  other  officers  and  shall 
judge  of  the  election  and  qualification  of  its  members. 

Sec.  11.  A  majority  of  each  House  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day  and 
compel  the  attendance  of  absent  members. 

Sec.  12.  Each  House  shall  have  power  to  determine  the 
rules  of  its  proceedings  and  punish  its  members  or  other  persons 
for  contempt  or  disorderly  behavior  in  its  presence;  to  enforce 
obedience  to  its  process;  to  protect  its  members  against  violence 
or  offers  of  bribes  or  private  solicitation,  and,  with  the  con- 
currence of  two-thirds,  to  expel  a  member,  but  not  a  second 
time  for  the  same  cause,  and  shall  have  all  other  powers  neces- 
sary for  the  Legislature  of  a  free  State.  A  member  expelled 
for  corruption  shall  not  thereafter  be  eligible  to  either  House, 
and  punishment  for  contempt  or  disorderly  behavior  shall  not 
bar  an  indictment  for  the  same  otVense. 


3>68  PROCEEDINGS    OF    THE 

Sec.  13.  Each  House  shall  keep  a  Journal  of  its  proceed- 
ings and  may  in  its  discretion  from  time  to  time  publish  the 
same,  except  such  parts  as  require  secrecy,  and  the  ayes  and 
noes  of  the  members  on  any  question  shall*  at  the  desire  of  any 
two  of  them  be  entered  on  the  Journal. 

Sec.  14.  The  sessions  of  each  House  and  of  the  Committees 
of  the  Whole  shall  be  open  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Sec.  15.  Neither  House  shall  without  the  consent  of  the 
other  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  Houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  General  Assembly  shall  in  all 
cases  except  treason,  felony,  violation  of  their  oath  of  office  and 
breach -or  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  sessions  of  their  respective  Houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  House  they  shall  not  be  questioned  in  any  other 
place. 

LEGISLATION. 

Section.  1.  No  law  shall  be  passed  except  by  bill  and  no 
bill  shall  be  so  altered  or  amended  on  its  passage  through  either 
House  as  to  change  its  original  purpose. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be:  "Be 
it  enacted  by  the  General  Assembly  of  the  State  of  Colorado." 

Sec.  3.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage  unless  in  case  of  emergency 
(which  shall  be  expressed  in  the  preamble  or  body  of  the  act) 
the  General  Assembly  shall  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  House  otherwise  direct. 

Sec.  4.  No  bill  shall  be  considered  unless  referred  to  a 
committee,  returned  therefrom,  and  printed  for  the  use  of  the 
members. 

Sec.  5.  No  bill  except  general  appropriation  bills  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title,  but  if  any  subject  shall  be  embraced  in 
any  act  which  shall  not  be  expressed  in  the  title,  such  act  shall 
be  void  only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Sec.  6.  Every  bill  shall  be  read  at  length  on  three  different 
days  in  each  House.  All  amendments  made  thereto  shall  be 
printed  for  the  use  of  the  members  before  the  final  vote  is  taken 
on  the  bill,  and  no  bill  shall  become  a  law  unless  on  its  final 
passage  the  vote  shall  be  taken  by  ayes  and  noes,  the  names 
of  the  persons  voting  for  or  against  the  same  be  entered  upon 
the  Journal,  and  a  majority  of  the  members  elected  to  each  House 
be  recorded  thereon  as  voting  in  its  favor. 

Sec.  7.  No  amendments  to  bills  by  one  House  shall  be 
concurred  in  by  the  other,  except  by  the  vote  of  a  majority  of 
the  members  elected  thereto  taken  by  ayes  and  noes,  and  the 


CONSTITUTIONAL   CONVENTION.  3C9 

names  of  those  voting  for  or  against  recorded  upon  the  Journal 
thereof,  ami  the  reports  of  Committees  of  Conference  shall  be 
adopted  in  either  House  only  by  a  vote  of  a  majority  of  the  mem- 
bers elected  thereto  taken  by  ayes  and  noes,  and  the  names  of 
those  voting  recorded  upon  the  Journals. 

Sec.  8.  No  law  shall  be  revived  or  amended  or  the  pro- 
visions thereof  extended  or  conferred  by  reference  to  its  title  only, 
but  so  much  thereof  as  is  revived,  amended,  extended  or  con- 
ferred shall  be  re-enacted  and  published  at  length. 

Sec.  9.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condition 
of  their  employment  or  otherwise,  any  contract  or  agreement 
whereby  such  person,  company  or  corporation  shall  be  released 
or  discharged  from  liability  or  responsibility  on  account  of  per- 
sonal injuries  received  by  such  servants  or  employes  while  in  the 
service  of  such  person,  company  or  corporation,  and  such  con- 
tracts shall  be  absolutely  null  and  void. 

Sec.  10.  The  General  Assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say:  For  granting  divorces;  laying  out,  opening,  altering  and 
working  roads  or  highways;  vacating  roads,  town  plats,  streets, 
alleys  and  public  grounds;  locating  or  changing  county  seats; 
regulating  county  or  township  affairs;  regulating  the  practice  in 
courts  of  justice;  regulating  the  jurisdiction  and  duties  of 
justices  of  the  peace,  police  magistrates  and  constables;  chang- 
ing the  rules  of  evidence  in  any  trial  or  inquiry  providing  for 
changes  of  venue  in  civil  or  criminal  cases;  declaring  any  named 
person  of  age;  for  limitation  of  civil  actions  or  giving  effect  to 
informal  or  invalid  deeds;  summoning  and  impaneling  grand 
or  petit  jurors;  providing  for  the  management  of  common 
schools;  regulating  the  rate  of  interest  on  money;  the  opening 
and  conducting  of  any  election  or  designating  the  place  of 
voting;  the  sale  or  mortgage  of  real  estate  belonging  to  minors 
or  others  under  disability;  the  protection  of  game  or  fish;  char- 
tering or  licensing  ferries  or  toll  bridges;  remitting  fines,  pen- 
alties or  forfeitures;  creating,  increasing  or  decreasing  fees, 
percentage  or  allowances  of  public  officers  during  the  term  for 
which  said  officers  are  elected  or  appointed;  changing  the  law 
of  descent;  granting  to  any  corporation,  association  or  indi- 
vidual the  right  to  lay  down  railroad  tracks;  granting  to  any 
corporation,  association  or  individual  any  special  or  exclusive 
privilege,  immunity  or  franchise  whatever.  In  all  other  cases 
where  a  general  law  can  be  made  applicable  no  special  law 
shall  be  enacted. 

Sec.  11.  The  General  Assembly  shall  have  no  power  to  re- 
lease or  extinguish  in  whole  or  in  part  the  indebtedness,  liability 
or  obligation  of  any  corporation  or  individual  to  this  State  or  to 
any  municipal  corporation  therein. 

Sec.  12.  The  presiding  officer  of  each  House  shall,  in  the 
presence  of  the  House  over  which  he  presides,  sign  all  bills  and 


o70  PROCEEDINGS    OF    THE 

joint  resolutions  passed  by.  the  General  Assembly,  after  their 
titles  shall  have  been  publicly  read,  immediately  before  signing; 
and  the  fact  of  signing  shall  be  entered  on  the  Journal. 

Sec.  13.  The  General  Assembly  shall  prescribe  by  law  the 
number,  duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the  State 
Treasury  or  be  in  any  way  authorized  to  any  person  except  to  an 
acting  officer  or  employe  elected  or  appointed  in  pursuance  of 
law. 

Sec.  14.  No  bill  shall  be  passed  giving  any  extra  compensa- 
tion to  any  public  officer,  servant  or  employe,  agent  or  con- 
tractor, after  services  shall  hav£  been  rendered  or  contract 
made,  nor  providing  for  the  payment  of  any  claim  against  the 
State  without  previous  authority  of  law. 

Sec.  lo.  All  stationery,  printing,  paper  and  fuel  used  in  the 
Legislature  and  other  departments  of  government  shall  be  fur- 
nished and  the  printing  and  binding  and  distributing  of  the  laws, 
Journals,  department  reports  and  other  printing  and  binding, 
and  the  repairing  and  furnishing  the  halls  and  rooms  used  for 
the  meeting  of  the  General  Assembly  and  its  committees,  shall 
be  performed  under  contract  to  be  given  to  the  lowest  respon- 
sible bidder  below  such  maximum  price  and  under  such  regula- 
tions as  may  be  prescribed  by  law.  No  member  or  officer  of  any 
department  of  the  government  shall  be  in  any  way  interested  in 
such  contracts  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor  and  State  Treasurer. 

Sec.  16.  No  laws  shall  extend  the  term  of  any  public  officer 
or  increase  or  diminish  his  salary  or  emoluments  after  his  elec- 
tion or  appointment. 

Sec.  17.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  propose  amend- 
ments as  in  other  bills. 

Sec.  18.  The  general  appropriation  bill  shall  embrace  noth- 
ing but  appropriations  for  the  ordinary  expenses  of  the  Legisla- 
tive and  Judicial  departments  of  the  State,  interest  on  the  public 
debt  and  for  public  schools.  All  other  appropriations  shall  be 
made  by  separate  bills  embracing  but  one  subject. 

Sec.  19.  No  money  shall  be  paid  out  of  the  treasury  except 
upon  appropriations  made  by  law,  and  on  warrant  drawn  by 
the  proper  officer  in  pursuance  thereof. 

Sec.  20.  No  appropriation  shall  be  made  for  charitable,  in- 
dustrial, educational  or  benevolent  purposes  to  any  person,  cor- 
poration or  community  not  under  the  absolute  control  of  the 
State,  nor  to  any  denominational  or  sectarian  institution  or 
association. 

Sec.  21.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation,  or  association,  any 
power  to  make,  supervise  or  interfere  with  any  municipal  im- 
provement, money,  property  or  effects,  whether  held  in  trust  or 


CONSTITUTIONAL   CONVENTION.  371 

<>l  her\\  is.-.  ..I-   in   |ev\    taxes.  01-   perform   any   municipal    fund  inn 

whatever. 

Sec.  L'L'.  N,,  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  administ  r;ii  ors. 
liiiardians  or  others  trustees  in  the  bonds  or  stock  of  any  private 
corporation. 

Sec.  23.     The  power  to  change  the  venue  in  civil  and  criminal 
cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such  man 
ner  as  shall  be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  person,  associa- 
tion or  railroad  or  other  corporation  held  or  owned  by  the  State 
shall  ever  be  exchanged,  transferred,  remitted  or  postponed,  or 
in  any  way  diminished  by  the  General  Assembly,  nor  shall  such 
liability  or  obligation  be  released  except  by  payment  thereof  into 
the  State  treasury. 

Sec.  25.  When  the  General  Assembly  shall  be  convened  in 
special  session  there  shall  be  no  legislation  upon  subjects  other 
than  those  designated  in  the  proclamation  of  the  Governor  call- 
ing such  session. 

Sec.  26.  Every  order,  resolution  or  vote  to  which  the  con- 
currence of  both  Houses  may  be  necessary,  except  on  the  question 
of  adjournment  or  relating  solely  to  the  transaction  of  business 
of  the  two  Houses,  shall  be  presented  to  the  Governor  and  be- 
fore it  shall  take  effect  be  approved  by  him,  or  being  dis- 
approved, shall  be  repassed  by  two-thirds  of  both  Houses,  ac- 
cording to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  -7.  A  member  of  the  General  Assembly  who  shall 
solicit,  demand  or  receive,  or  consent  to  receive,  directly  or  in- 
directly, for  himself,  or  for  another,  from  any  company,  corpora- 
tion or  person,  any  money,  office,  appointment,  employment,  testi- 
monial, reward,  thing  of  value  or  enjoyment,  or  of  personal  ad- 
vantage, or  promise  thereof,  for  his  vote  or  official  influence,  or 
for  withholding  the  same,  or  with  an  understanding,  express  or 
implied,  that  his  vote  or  official  action  shall  be  in  any  way  in- 
tluenced  thereby,  or  who  shall  solicit  or  demand  any  such  money 
or  other  advantage,  matter  or  thing,  aforesaid,  for  another  as 
the  consideration  of  his  vote  or  official  influence  or  for  withhold- 
ing the  same,  or  shall  give  or  withhold  his  vote  or  influence  in 
consideration  of  the  payment  or  promise  of  such  money,  advan- 
tage, matter  or  thing  to  another,  shall  be  held  guilty  of  bribery 
within  the  meaning  of  this  Constitution,  and  shall  incur  the  dis 
abilities  provided  thereby  for  such  offense,  and  such  additional 
punishment  as  is  or  shall  be  provided  by  law. 

Sec.  28.  Any  person  who  shall  directly  or  indirectly  offer, 
give  or  promise  any  money  or  thing  of  value,  tostimonal,  privi- 
lege or  personal  advantage  to  any  Executive  or  Judicial  officer 
of  member  of  the  General  Assembly  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  bo  guilty 


372  PROCEEDINGS    OF    THE 

of  bribery  and  be  punished  in  such  manner  as  shall  be  provided 
by  law. 

Sec.  29.  The  offense  of  corrupt  solicitation  of  members  of 
the  General  Assembly  or  of  public  officers  of  the  State,  or  of 
any  municipal  division  thereof,*  and  any  occupation  or  practice 
of  solicitation  of  such  members  or  officers  to  influence  their 
official  action,  shall  be  defined  by  law,  (and)  shall  be  punished 
by  fine  and  imprisonment. 

Sec.  30.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  General 
Assembly  shall  disclose  the  fact  to  the  House  of  which  he  is 
a  member  and  shall  not  vote  thereon. 

On  motion  of  Mr.  Wells,  the  article  on  Legislature  and  Legis- 
lation was  taken  from  the  table,  and,  together  with  the  section  6 
just  adopted,  ordered  engrossed  and  referred  to  the  Committee 
on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Hurd,  the  Convention  adjourned  until  9 
o'clock  A.  M.  on  Monday. 


CONSTITUTIONAL   CONVENTION.  373 


MONDAY,  FKIilM  AKY  2]ST,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.    Prayer  was  of- 

tVn-d  1>\    tin-  llrv.  Mr.  French. 

Boll  called. 

Absent — Messrs.  Barela,  Boyles,  Beck,  Garcia,  Marsh,  Meyer, 
Pease,  Rockwell,  Webster  and  White. 

Mr.  Head  asked  for  leave  of  absence  for  Mr.  Meyer  until 
Wednesday,  which  was  granted. 

Mr.  Carr  asked  for  leave  of  absence  this  day  for  Mr.  Beck, 
which  was  granted. 

The  Journal  having  been  partially  read,  Mr.  Kennedy  moved 
that  the  reading  of  so  much  of  the  Journal  as  contained  the  re- 
ports of  the  various  committees  and  the  article  on  Education  and 
Educational  Institutions  and  Legislature  and  Legislation  (be 
dispensed  with),  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  memorial  to  Con- 
gress as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Thatcher,  the  consideration  of  the  report 
of  the  Committee  on  Public  and  Private  Corporations,  together 
with  the  three  additional  sections  to  the  article  on  Judiciary 
ntlVred  by  Mr.  Bromwell,  was  made  the  special  order  for  Thurs- 
day next,  after  regular  order  of  business. 

An  invitation  was  received  from  Colonel  *  Archer,  through 
the  President,  to  visit  the  gas  and  water  works  of  the  city  of 
Denver  to-morrow,  the  22d  of  February. 

On  motion  of  Mr.  Wells,  the  invitation  was  laid  upon  the 
table  and  the  thanks  of  the  Convention  returned  to  Colonel 
Archer. 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  on 
State,  County  and  Municipal  Indebtedness,  on  section  7  of  their 
original  report,  was  taken  from  the  table. 

Messrs.  White,  Webster  and  Marsh  appeared  and  took  their 
seats. 

On  motion  of  Mr.  Carr,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  section  7  of  the  report  of 
the  Committee  on  State,  County  and  Municipal  Indebtedness,  Mr. 
Thatcher  in  the  Chair. 

And  after  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  Thatcher  submitted  the  following  report : 


374  PROCEEDINGS    OF    THE 

Denver,  Colorado,  February  21st,  1876. 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — The  Committee  of  the  Whole  Convention  to 
whom  was  referred  section  7  of  the  report  of  the  Committee  on 
State,  County  and  Municipal  Indebtedness,  having,  according 
to  order,  had  under  consideration  said  section  7,  have  directed 
me  to  report  the  same  back,  with  sundry  amendments  thereto, 
and  ask  the  concurrence  of  the  Convention  therein,  in  the  words, 
following  : 

II.  C.  THATCHER, 

Chairman. 

Sec.  7.  No  county  shall  contract  any  debt  by  loan  in  any 
form  (except)  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  of  public  roads  and  bridges,  and  for 
supplying  such  county  with  water  for  public  use,  and  such  in- 
debtedness contracted  in  any  one  year  shall  not  exceed  the  rates 
upon  the  taxable  property  in  such  county,  following,  to  wit: 

Counties  in  which  the  assessed  valuation  of  taxable  property 
shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty  cents  on 
each  thousand  dollars  thereof. 

Counties  in  which  such  valuation  shall  be  less  than  five  mil- 
lions of  dollars,  three  dollars  on  each  thousand  dollars  thereof. 

And  the  aggregate  amount  of  indebtedness  of  any  county  for 
all  purposes,  exclusive  of  debts  contracted  before  the  adoption  of 
this  Constitution,  shall  not  at  any  time  exceed  twice  the  amount 
above  herein  limited  in  case  of  such  county,  unless  when,  in 
manner  provided  by  law,  the  question  of  incurring  such  debt 
shall  be  submitted  to  the  vote  of  the  qualified  electors  of  such 
county,  who,  in^the  year  last  preceding  such  election,  shall  have 
paid  a  tax  upon  property  assessed  to  them  in  such  county,  and 
a  majority  of  those  voting  thereon  shall  vote  in  favor  of  incurring 
such  debt,  but  the  bonds,  if  any  be  issued  for  payment  thereof, 
shall  not  run  less  than  ten  years,  and  the  aggregate  amount  of 
such  debt  so  contracted  shall  not  at  any  time  exceed  twice  the 
rate  upon  said  valuation  last  herein  provided  for. 

On  motion  of  Mr.  Clark,  the  report  was  received. 

On  motion  of  Mr.  Clark,  the  sections  of  the  report  of  the 
Committee  on  State,  County  and  Municipal  Indebtedness  pre- 
viously reported  by  the  Committee  of  the  Whole  were  taken  from 
the  table,  and,  together  with  section  7  just  reported,  ordered 
printed. 

On  motion  of  Mr.  Widderfield,  section  19  of  the  report  of 
the  Committee  on  Bill  of  Rights  was  taken  from  the  table. 

Mr.  Carr  moved  to  amend  section  19  by  striking  out  the 
word  "or,"  in  third  line,  and  inserting  in  same  line  the  word 
"supreme,"  which  was  agreed  to. 


CONSTITI  "I  IM\.\I.   CONTENTION.  375 

So   llio  Convention   ronrniTed   in   the  motion   of  Mi-.   TMIT  to 

amend. 

Mi-.  Stone  moved  (o  Minend  section  1!>,  l»y  striking  out  of  the 

llilllll    line   the   words  "or  Slllistanre."    which    was   agreed   to. 

So  the  Convention  concurred  in  tlie  amendment  offered  by 
.Mr.  Stone. 

Mr.  Marsh  moved  to  amend  section  1!)  l»v  striking  out  the 
word  "in"  in  the  sixth  line  and  inserting  in  lieu  the  word  "on," 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Marsh. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section  19 
as  reported  by  the  Committee  on  Bill  of  Bights  as  amended. 

So  the  Convention  adopted  the  article  on  Bill  of  Rights  as 
follows : 

BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties  and 
proclaim  the  principles  upon  which  our  Government  is  founded, 
we  declare: 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people;  that  all  government  of  right  originates  from  the 
people,  is  founded  upon  their  will  only,  and  is  instituted  solely 
for  the  good  of  the  whole. 

Sec.  2.  That  the  people  of  this  State  have  the  sole  and 
exclusive  right  of  governing  themselves  as  a  free,  sovereign  and 
independent  State,  and  to  alter  and  abolish  their  Constitution 
and  form  of  government  whenever  they  may  deem  it  necessary 
to  their  safety  and  happiness;  provided,  such  change  be  not  re- 
pugnant to  the  Constitution  of  the  United  States. 

Sec.  3.  That  all  persons  have  certain  natural  and  inalien- 
able rights,  among  which  may  be  reckoned  the  right  of  enjoying 
and  defending  their  lives  and  liberties;  that  of  acquiring,  possess- 
ing and  protecting  property  and  of  seeking  and  obtaining  their 
safety  and  happiness. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship,  without  discrimination,  shall  forever  here- 
after be  guaranteed,  and  no  person  shall  be  denied  any  civil  or 
political  right,  privilege  or  capacity  on  account  of  his  opinions 
concerning  religion;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  construed  to  dispense  with  oaths  or  affirmations, 
excuse  acts  of  licentiousness  or  justify  practices  inconsistent 
with  the  good  order,  peace  and  safety  of  the  State;  nor  shall  any 
person  be  required  to  attend  or  support  any  ministry  or  place  of 
worship,  religions  sect  or  denomination  against  his  consent;  nor 
shall  any  preference  be  given  by  law  to  any  religious  denomina- 
tion or  mode  of  worship. 


376  PROCEEDINGS    OF    THE 

Sec.  5.  That  all  elections  shall  be  free  and  open,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent  the 
free  exercise  of  the  right  of  suffrage. 

Sec.  6.  That  courts  of  justice  shall  be  open  to  every  person 
and  a  speedy  remedy  afforded  for  every  injury  to  person,  property 
or  character,  and  that  right  and  justice  should  be  administered 
without  sale,  denial  or  delay. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  homes  and  effects,  from  unreasonable  searches  and  seiz- 
ures, and  no  warrant  to  search  any  place  or  seize  any  person  or 
thing  shall  issue  without  describing  the  place  to  be  searched  or 
the  person  or  thing  to  be  seized,  as  near  as  may  be;  nor  without 
probable  cause,  supported  by  oath  or  affirmation  reduced  to  writ- 
ing. 

'Sec.  8.  That,  until  otherwise  provided  by  law,  no  person 
shall  for  a  felony  be  proceeded  against  criminally  otherwise  than 
by  indictment,  except  in  cases  arising  in  land  or  naval  forces  or 
in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger;  in  all  other  cases  offenses  shall  be  prosecuted  criminally 
by  indictment  or  information  as  concurrent  remedies. 

Sec.  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort;  that  no  person  can  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
or  on  his  confession  in  open  court;  that  no  person  can  be  at- 
tainted of  treason  or  felony  by  the  General  Assembly;  that  no 
conviction  can  work  corruption  of  blood,  or  forfeiture  of  estate; 
that  the  estates  of  such  persons  as  may  destroy  their  own  lives 
shall  descend  or  vest  as  in  cases  of  natural  death. 

Sec.  10.  That  no  law  shall  be  passed  impairing  the  freedom 
of  speech;  that  every  person  shall  be  free  to  say,  write  or  publish 
whatever  he  will  on  any  subject,  being  responsible  for  all  abuse 
of  that  liberty,  and  that  in  all  suits  and  prosecutions  for  libel 
the  truth  thereof  may  be  given  in  evidence,  and  the  jury  under 
the  court  shall  determine  the  law  and  the  fact. 

Sec.  11.  That  no  ex  post  facto  law  nor  law  impairing  the 
obligation  of  contracts  or  retrospective  in  its  operation,  or  mak- 
ing any  irrevocable  grant  or  special  privileges,  franchises  or  im- 
munities, shall  be  passed  by  the  General  Assembly. 

Sec.  12.  No  person  shall  be  imprisoned  for  debt,  unless 
upon  refusal  to  deliver  up  his  estate  for  the  benefit  of  his  cred- 
itors in  such  manner  as  shall  be  prescribed  by  law,  or  in  cases 
of  tort,  or  where  there  are  strong  presumptions  of  fraud. 

Sec.  13.  That  the  rights  of  no  person  to  keep  and  bear  arms 
in  defense  of  his  home,  person  and  property,  or  in  aid  of  the 
civil  power  when  thereunto  legally  summoned,  shall  be  called  in 
question;  but  nothing  herein  contained  is  intended  to  justify  the 
practice  of  carryingt  concealed  weapons. 


CONSTITUTIONAL    CON  VKMION.  377 

Sec.  14.  That  no  private  property  can  be  taken  for  private 
use  unless  by  consent  of  the  owner,  except  for  private  ways  of 
necessity  and  except  for  reservoirs,  dams.  Mimics  and  ditches  on 
or  across  the  lands  of  others  for  agricultural,  mining,  milling. 
domestic  and  sanitary  purposes,  upon  just  compensation  and  in 
such  manner  as  may  be  prescribed  by  law;  and  that  whenever  an 
attempt  is  made  to  take  private  property  for  a  use  alleged  to  be 
public,  the  question  whether  the  contemplated  use  be  really  pub- 
lic shall  be  a  judicial  question,  and  as  such  judicially  determined, 
wirhout  regard  to  any  legislative  assertion  that  the  use  is  public. 

Sec.  15.  That  private  property  shall  not  be  taken  or  dam- 
aged for  public  or  private  use  without  just  compensation;  such 
compensation  shall  be  ascertained  by  a  board  of  commissioners 
of  not  less  than  three  freeholders  or  by  a  jury  when  required  by 
the  owner  of  the  property,  in  such  manner  as  may  be  prescribed 
by  law,  and  until  the  same  shall  be  paid  to  the  owner  or  into 
court  for  the  owner  the  property  shall  not  be  needlessly  dis- 
turbed or  the  proprietary  rights  of  the  owner  therein  divested. 

Sec.  16.  In  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel;  to  demand 
the  nature  and  cause  of  the  accusation;  to  meet  the  witnesses 
against  him  face  to  face,  except  as  provided  in  section  19  of  this 
article;  to  have  process  to  compel  the  attendance  of  witnesses  in 
his  behalf  and  a  speedy  public  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offense  is  alleged  to  have  been 
committed. 

Sec.  17.  No  person  shall  be  imprisoned  for  the  purpose  of 
securing  his  testimony  in  any  case  longer  than  may  be  necessary 
in  order  to  take  his  deposition;  if  he  can  give  security  he  shall 
be  discharged;  if  he  cannot  give  security  his  deposition  shall  be 
taken  by  some  judge  of  the  District,  Supreme  or  County  Court 
at  the  earliest  moment  he  can  attend  at  some  convenient  place 
by  him  appointed  for  that  purpose,  in  the  presence  of  the  attorney 
prosecuting  for  the  people,  the  accused  and  his  counsel  (if  he  lias 
no  counsel  the  judge  shall  assign  him  one  in  that  behalf  only), 
whereupon  the  witnesses  [witness]  shall  be  discharged  on  his 
own  recognizance  entered  into  before  said  judge;  but  such  depo- 
sition shall  not  be  used  if  in  the  opinion  of  the  court  the  per 
sonal  attendance  of  the  witness  can  be  procured  by  the  prose- 
cution or  is  procured  by  the  accused.  No  exceptions  shall  be 
had  to  said  deposition  as  to  its  form. 

Sec.  18.  That  no  person  shall  be  compelled  to  testify 
against  himself  in  a  criminal  case;  nor  shall  any  person  after 
being  once  acquitted  by  a  jury  be  again  for  the  same  offense 
put  in  jeopardy  of  his  life  or  liberty;  but  if  the  jury  to  which  the 
question  of  his  guilt  or  innocence  is  submitted  fail  to  render  a 
verdict,  the  court  before  which  the  trial  is  had  may  in  its  dis- 
cretion discharge  the  jury  and  commit  or  bail  the  prisoner  for 
trial  at  the  next  term  of  court,  or,  if  the  State  business  will 


378  PROCEEDINGS    OF    THE 

permit,  at  the  same  term;  and  if  the  judgment  be  arrested  after 
a  verdict  of  guilty  on  a  defective  indictment,  or  if  judgment 
on  a  verdict  of  guilty  be  reversed  for  error  in  law,  nothing  here- 
in contained  shall  prevent  a  new  trial  of  the  prisoner  on  a 
proper  indictment  or  according  to  correct  principles  of  law. 

Sec.  19.  That  all  persons  shall  be  bailable  by  sufficient  sure- 
ties, except  for  capital  offenses,  when  the  proof  is  evident  or 
the  presumption  great. 

Sec.  20.  That  excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  be  imposed,  nor  cruel  and  unusual  punishment  [pun- 
ishments] be  inflicted. 

Sec.  21.  The  privilege  of  the  wrrit  of  habeas  corpus  shall 
never  be  suspended  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

Sec.  22.  The  military  shall  always  be  in  strict  subordina- 
tion to  the  civil  power;  that  no  soldier  shall  in  time  of  peace 
be  quartered  in  any  house  without  the  consent  of  the  owner,  nor 
in  time  of  war  except  in  the  manner  prescribed  by  law. 

Sec.  23.  The  right  of  trial  by  jury  shall  remain  inviolate  in 
criminal  cases,  but  a  jury  for  the  trial  of  civil  cases  in  all  courts, 
or  criminal  cases  in  courts  not  of  record,  may  consist  of  less  than 
twelve  men,  as  may  be  prescribed  by  law.  Hereafter  a  grand  jury 
shall  consist  of  twelve  men,  any  nine  of  whom  concurring  may 
find  an  indictment  or  a  true  bill ;  Provided,  the  General  A  ssembly 
may  change  or  abolish  the  grand  jury  system  or  otherwise  regu- 
late the  same. 

Sec.  24.  That  the  people  have  the  right  peaceably  to  assem- 
ble for  their  common  good,  and  to  apply  to  those  invested  with 
the  power  of  government  for  redress  of  grievances  by  petition  or 
remonstrance. 

Sec.  25.  That  no  person  shall  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law. 

Sec.  26.  That  there  shall  never  be  in  this  State  either  slavery 
or  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  27.  Foreigners  who  are,  or  hereafter  become,  bona  -fide 
residents  of  this  State,  shall  enjoy  the  same  right  in  respect  to 
the  possession,  disposition  and  inheritance  of  property  as  nativer 
born  citizens. 

Sec.  28.  The  enumeration  in  this  Constitution  of  certain 
rights,  shall  not  be  construed  to  deny,  impair  or  disparage 
others  retained  by  the  people. 

On  motion  of  Mr.  Carr,  that  portion  of  the  article  on  Bill 
of  Eights  previously  adopted  by  the  Convention  was  taken 
from  the  table,  and,  together  with  section  19,  just  adopted,  or- 
dered engrossed  and  referred  to  the  Committee  on  Revisions 
and  Adjustments. 


CONSTITUTIONAL    CON  VKNTloN.  379 


On    motion   of   Mr.    I-Yllon,   the  consider;!!  ion   of  the? 
of  the  Committee  on  Counties  \v;is  made  the  special  order  for 
i\vo  o'clock  this  afternoon. 

On  motion  of  Mr.  Hurd,  the  Convention  adjourned  until 
LMM)  p.  m.  _ 

L'iOO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent  —  Messrs.  Barela,  Crosby,  Garcia,  Meyer,  Pease  and 
Rockwell. 

On  motion  of  Mr.  Felton,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  sections  4,  8,  9,  10,  11, 
IL'.  13,  14,  15,  16,  17,  18,  19  and  20  of  the  original  report  of  the 
Committee  on  Counties,  as  reported  back  to  the  Convention  by 
that  committee,  Mr.  Plumb  in  the  chair,  and  after  some  time  spent 
therein,  the  President  resumed  the  chair  and  Mr.  Plumb  submitted 
the  following  report  : 

Denver,  February  21,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen  —  The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Counties  on 
sections  4,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19  and  20  of  the 
original  report  of  that  Committee,  having,  according  to  order, 
had  under  consideration  said  report,  have  directed  me  to  report 
the  same  back  with  sundry  amendments  thereto,  in  the  words 
following,  viz.: 

S.  J.  PLUMB, 
Chairman  of  the  Committee  of  the  Whole. 

Sec.  4.  Xo  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county  from 
which  the  territory  is  proposed  to  be  stricken  off,  nor  unless  a 
majority  of  all  the  qualified  voters  of  said  county,  voting  on  the 
question,  shall  vote  therefor. 

Sec.  8.  In  each  county  there  shall  be  elected  for  the  term 
of  three  years,  three  officers,  who  shall  be  styled  "The  Board  of 
County  Commissioners,"  who  shall  hold  sessions  for  the  trans- 
act ion  of  county  business  as  provided  by  law,  any  two  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business.  One 
of  said  Commissioners  shall  be  elected  on  the  first  Tuesday  in 
October,  1876,  and  every  3'ear  thereafter  one  such  officer  shall 
be  elected  in  each  county  at  the  general  election,  for  the  term 
of  three  years;  provided,  that  wrhen  the  population  of  any  county 
shall  exceed  ten  thousand  the  Board  of  County  Commissioners 
may  consist  of  five  members,  who  shall  be  elected  as  provided  by 


380  PROCEEDINGS    OF    THE 

law,  any  three  of  whom  shall  constitute  a  quorum  for  the  trans- 
action of  business. 

Sec.  9.  The  compensation  of  all  county  and  precinct  offi- 
cers shall  be  as  provided  by  law. 

Sec.  10.  There  shall  be  elected  in  each  county  on  the  first 
Tuesday  in  October,  A.  D.  One  Thousand  Eight  Hundred  and 
Seventy  Seven  and  every  alternate  year  forever  thereafter,  one 
County  Clerk,  who  shall  be  Ex-officio  Recorder  of  Deeds  and 
Clerk  of  the  Board  of  County  Commissioners;  one  Sheriff,  one 
Coroner,  one  Treasurer,  who  shall  be  collector  of  taxes;  one 
County  Superintendent  of  Schools,  one  County  Surveyor  and 
one  County  Assessor. 

Sec.  11.  In  case  of  a  vacancj7  occurring  in  the  office  of 
County  Commissioner,  it  shall  be  filled  by  appointment  of  the 
Governor;  and  in  case  of  a  vacancy  in  any  of  the  county  or  pre- 
cinct offices,  it  shall  be  filled  by  the  appointment  of  the  Board 
of  County  Commissioners,  and  the  person  appointed  shall  hold 
office  until  the  next  general  election  or  until  his  successor  shall 
be  duly  elected  and  qualified. 

Sec.  12.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  at  least  twenty-one  years  of  age  and  a  quali- 
fied elector,  nor  unless  he  shall  have  resided  in  the  county  one 
year  preceding  his  election. 

Sec.  13.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen,  and  annually  thereafter,  be  elected  in  each 
precinct,  one  Justice  of  the  Peace  and  one  Constable,  who  shall 
each  hold  their  offices  for  the  period  of  two  years,  provided, 
that  in  precincts  containing  five  thousand  or  more  inhabitants 
the  number  of  Justices  and  Constables  may  be  increased  as 
provided  by  law. 

Sec.  18.  Except  as  otherwise  directed  by  this  Constitution, 
the  General  Assembly  shall  provide  for  the  election  or  appoint- 
ment of  such  other  county,  township  and  municipal  officers  as 
public  convenience  may  require,  and  their  terms  of  office  and 
duties  shall  be  as  prescribed  by  law;  but  no  term  of  office  shall 
exceed  two  years. 

Sec.  19.  The  General  Assembly  shall  provide  by  general 
laws  f©r  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four;  and  the  power 
of  each  class  shall  be  defined  by  general  laws,  so  that  all  munic 
ipal  corporations  of  the  same  class  shall  possess  the  same 
powers  and  be  subject  to  the  same  restrictions. 

Sec.  20.  The  General  Assembly  shall  also  make  provisions 
by  general  law,  whereby  any  city,  town  or  village,  existing  by 
virtue  of  any  special  or  local  law,  may  elect  to  become  subject 
to  and  be  governed  by  the  general  law  relating  to  such  corpora- 
tions. 

On  motion  of  Mr.  Clark,  the  portion  of  the  article  on 
Counties  previously  reported  to  the  Convention  by  the  Com- 


CONSTITUTIONAL   CONVENTION.  381 

in  it  tee  of  the  Whole  was  taken  from  the  table,  and,  together 
.vith  i ho  sections  just  reported,  referred  to  the  Committee  on 
Print  mir. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  9:00 

(•'clock    11.    m.    tO-mOlTo\V. 


382  PROCEEDINGS    OF    THE 


TUESDAY,  FEBRUARY  22,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  French. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Clark,  Ebert,  Garcia, 
Marsh,  Meyer,  Pease,  Webster  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Crosby  moved  that  the  Convention  adjourn  until  9:00 
o'clock  to-morrow,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Crosby  to  adjourn. 

Messrs.  White  and  Webster  appeared  and  took  their  seats. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on  Edu- 
cation and  Educational  Institutions  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Mr. "Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  reports  of  the  Committees  on 
Congressional  and  Legislative  Apportionments,  Impeachment 
and  Removal  from  Office,  Schedule,  and  Revisions  and  Adjust- 
ments, as  correctly  printed. 

There  being  no  objection,  the  reports  were  received  and 
filed  by  the  Secretary. 

Mr.  Felton  moved  that  the  report  of  the  Committee  on 
Mines  and  Mining  be  taken  from  the  table. 

And  the  question  being  upon  the  motion  of  Mr.  Felton  to 
take  from  the  table,  and  being  put  and  a  division  called,  it  was 
decided  in  the  affirmative.  Ayes,  8;  noes,  7. 

So  the  Convention  took  from  the  table  the  report  of  the 
Committee  of  the  Whole  on  Mines  and  Mining. 

On  motion  of  Mr.  Crosby,  the  consideration  of  the  article 
on  Mines  and  Mining  was  postponed  until  such  time  as  the 
Chairman  of  the  Committee  on  Mines  and  Mining  shall  be 
present. 

On  motion  of  Mr.  Kennedy,  the  report  of  the  Committee  on 
Impeachment  and  Removal  from  Office,  was  taken  from  the 
table. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Com- 
mittee on  Impeachment  and  Removal  from  Office,  Mr.  Clark  in 
the  chair,  and  after  some  time  spent  therein,  the  President  re- 
sumed the  chair  and  Mr.  Clark  submitted  the  following  report: 


CONSTITUTIONAL    CON VKNTluN.  383 

Denver,  February  L'L'.  187(5. 

To  the  Honorable   I'rrsident  and  Constitutional  Convention  of 
Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Impeach- 
ment and  Removal  from  Office,  having,  according  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  the 
same  hark  without  amendment  and  ask  the  concurrence  of  the 
Convention  therein,  in  the  words  following. 

WM.  M.  CLARK, 
.Chairman  of  Committee  of  the  Whole. 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

Section  1.  The  House  of  Representatives  shall  have  the 
sole  power  of  impeachment.  The  concurrence  of  a  majority  of  all 
the  members  shall  be  necessary  to  an  impeachment.  All  im- 
peachments shall  be  tried  by  the  Senate,  and  when  sitting  for 
that  purpose  the  Senators  shall  be  upon  oath  or  affirmation  to 
do  justice  according  to  law  and  evidence.  When  the  Governor 
or  Lieutenant  Governor  of  the  State  is  on  trial,  the  Chief  Jus- 
tice of  the  Supreme  Court  shall  preside.  No  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  Senators 
elected. 

Sec.  2.  The  Governor  and  other  State  and  Judicial  officers, 
except  county  judges  and  justices  of  the  peace,  shall  be  liable 
to  impeachment  for  high  crimes  or  misdemeanors  or  malfeas- 
ance in  office,  but  judgment  in  such  cases  shall  not  extend  any 
further  than  removal  from  office  and  disqualification  to  hold  any 
office  of  honor,  trust  or  profit  in  this  State.  The  party,  whether 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  prosecu- 
tion, trial,  judgment  and  punishment  according  to  lawr. 

Sec.  3.  Provision  shall  be  made  by  law  for  the  removal 
from  office  of  any  civil  officer  other  than  those  in  this  article 
previously  specified,  for  misconduct  or  malfeasance  in  office. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

On  motion  of  Mr.  Kennedy,  the  article  on  Impeachment  and 
Removal  from  Office  was  adopted. 

On  motion  of  Mr.  Clark,  the  article  on  Impeachment  and 
Removal  from  Office  was  referred  to  the  Committee  on  Re- 
visions and  Adjustments. 

Then*  being  no  objection,  Mr.  Stone,  Chairman  of  the  Com- 
mittee on  Judiciary,  presented  a  report  of  that  committee,  as 
follows: 

Denver,  February  ±2.  187f>. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Standing  Committee  on  Judiciary,  to 
whom  was  [were]  referred  recommitted  sections  seventeen,  nine 


384  PROCEEDINGS    OF    THE 

and  nineteen  of  the  article  on  Judiciary,  report  that  they  have, 
after  due  consideration,  agreed  to  recommend  the  following  sub- 
stitute for  section  seventeen,  to  wit: 

The  General  Assembly  may  provide  that  after  the  year 
1878  the  election  of  the-  Judges  of  the  Supreme,  District  *and 
County  Courts,  and  district  attorneys,  or  any  of  them,  shall 
be  on  a  different  day  from  that  on  which  an  election  is  held 
for  any  other  purpose,  and  at  such  judicial  election  no  person 
shall  be  voted  for,  except  candidates  for  the  offices  afore- 
said; until  otherwise  provided  by  law,  such  officers  shall  be 
elected  at  the  time  of  holding  the  general  election;  Provided, 
that  for  the  purpose  of  filling  a  vacancy  occurring  more  than 
one  year  prior  to  the  expiration  of  the  term  of  ofrice  made  va- 
cant, such  vacancy  shall  be  filled  at  the  General  election  next 
ensuing,  and  until  such  vacancy  is  filled  at  such  election,  the 
same  shall  be  filled  by  appointment  by  the  Governor. 

Your  committee  further  report  that,  having  considered  the 
question  arising  upon  the  language  of  the  Enabling  Act,  touch- 
ing the  matter  of  election  and  appointment  of  Clerk  of  the  Su- 
preme and  District  Courts,  they  have  arrived  at  the  conclusion 
that  there  is  no  legal  obstacle  to  the  sections  providing  for  the  ap- 
pointment of  such  clerks,  by  the  Judges  of  said  courts,  respec- 
tively, and  therefore,  report  back  said  sections  nine  and  nine- 
teen as  amended  in  Committee  of  the  Whole  as  follows,  to  wit: 

Sec.  9.  There  shall  be  a  Clerk  of  the  Supreme  Court  who 
shall  be  appointed  by  the  judges  thereof  and  shall  hold  his  of- 
fice during  the  pleasure  of  said  judges,  and  whose  duties  and 
emoluments  shall  be  as  prescribed  by  law,  and  by  the  rules  of 
the  Supreme  Court. 

Sec.  19.  There  shall  be  a  Clerk  of  each  District  Court  for 
each  county  in  which  such  court  is  held,  who  shall  be  appointed 
by  the  Judges  of  the  District  Courts  respectively,  who  shall  hold 
Ids  office  during  the  pleasure  of  the  Judge,  and  whose  duties 
and  compensation  shall  be  as  provided  by  law  and  regulated  by 
the  rules  of  the  court; 

5   And  recommend  the  adoption  of  the  same. 
Kespectfully  submitted, 

WILBUR  F.  STONE, 

Chairman. 

On  motion  of  Mr.  Felton,  the  report  was  received,  and,  to- 
gether with  the  portion  of  the  article  on  Judiciary  reported  to 
the  Convention  by  the  Committee  of  the  Whole,  ordered  printed 
and  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Wells,  the  Secretary  was  instructed  to 
supply  the  Committee  on  Revisions  and  Adjustments  with  five 
copies  of  all  articles  referred  to  that  committee. 

On  motion  of  Mr.  Felton,  the  Convention  proceeded  to  con- 
sider the  article  on  Mines  and  Mining. 


CONSMll  TIONAL    CONVENTION.  385 

Mr.  Felton  moved  th;ii  tin-  article  on  Mines  and  Mining  be 
considered  by  sections,  which  was  agreed  to. 

(MI  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  the  report  of  the  Committee  on  Mines  and 
Mining  as  reported  by  the  Committee  of  the  Whole,  viz.: 

Se<  tion  1,  to  strike  out  the  words  "State  Geologist,  who 
shall  be  ex-officio;"  section  2,  to  strike  out  the  word  "State"  in 
first  line,  also  to  strike  out  the  words  "State  Geologist"  in  the 
second  line  and  insert  in  lieu  the  words  "Commissioner  of 
Mines;"  section  3,  to  strike  out  the  words  "the  duties  of  the 
State  Geologist  provide  for"  in  the  first  and  second  lines,  and 
also  to  insert  in  'the  first  line,  after  the  word  "salary,"  the  words 
"of  the  Commissioner  of  Mines;"  section  5,  to  strike  out  the 
words  "being  worked,"  in  the  second  line;  to  strike  out  the 
words  "is  prohibited"  in  the  third  line,  and  also  to  insert  in 
the  second  line,  after  the  word  "operatives"  the  words  "and 
prohibit." 

Mr.  \\hite  moved  to  amend  section  1  by  inserting  after 
the  word  "be"  in  the  first  line  the  words  "in  the  discretion  of 
The  General  Assembly." 

And  the  question  being  upon  the  motion  of  Mr.  White  to 
amend  section  1,  and  being  put,  and  a  division  called,  it  was 
decided  in  the  affirmative — ayes,  15;  noes,  5. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  White. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
1  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

Mr.  White  moved  to  amend  section  2  by  inserting  after  the 
word  "Mines"  in  second  line,  the  woisds  "whenever  such  officer 
shall  be  created." 

And,  the  question  being  upon  the  motion  of  Mr.  White  to 
amend  section  2,  and  being  put,  it  was  decided  in  the  affirmative- 
ayes,  30;  noes,  1. 

And  the  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are : 

Messrs.  Bremwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Hurd,  Hough,  Jones, 
Kennedy,  Lee,  Marsh,  Plumb,  Quillian,  Stone,  Stover,  Thatcher, 
Vijil,  Webster,  White,  Wells,  Wheeler,  Widderfield,  Yount,  Mr. 
President. 

Mr.  Head  voted  in  the  negative. 

So  the  Convention  concurred  in  the  amendment  offered  bv 
Mr.  White. 

Mr.  Kennedy  moved  to  adopt  section  2  as  reported  by  the 
Committee  of  the  Whole,  as  amended. 

13 


386  PROCEEDINGS    OF    THE 

And  the  question  being  on  the  motion  of  Mr.  Kennedy  to 
adopt  as  amended,  and  being  put,  it  was  decided  in  the  affirma- 
tive— ayes,  30;  noes,l. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Hurd,  Hough,  James, 
Kennedy,  Lee,  Marsh,  Plumb,  Quillian,  Stone,  Stover,  Thatcher, 
Vijil,  Webster,  White,  Wells,  Wheeler,  Widderfield,  Yount,  Mr. 
President. 

Mr.  Head  voted  in  the  negative. 

So  the  Convention  adopted  section  2  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

Mr.  Kennedy  moved  the  adoption  of  section  3  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Kennedy  to 
adopt  section  3,  and  being  put,  it  was  decided  in  the  affirmative- 
ayes,  30;  noes,  0. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Felton,  Hurd,  Hough,  Head, 
James,  Kennedy,  Lee,  Marsh,  Plumb,  Quillian,  Stone,  Stover, 
Thatcher,  Vijil,  W^ebster,  Wells,  Wheeler,  Widderfield,  Yount, 
Mr.  President. 

So  the  Convention  adopted  section  3  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Beck  moved  the  adoption  of  section  4  as  reported  by 
the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Beck  to 
adopt  section  4,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  28;  noes,  0. 

And  the  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Beck,  Carr,  Cushman,  Clark,  Cooper,  Crosby,  Doug- 
las, Ellsworth,  Elder,  Felton,  Hurd,  Hough,  Head,  James,  Ken- 
nedy, Lee,  Marsh,  Plumb,  Quillian,  Stover,  Thatcher,  Vijil,  Web- 
ster, Wells,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

So  the  Convention  adopted  section  4  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Head  moved  to  amend  section  5,  by  striking  out  the 
words  "for"  and  "appliances  and,"  in  the  second  line,  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Head  to  section  5. 

Mr.  Kennedy  moved  the  adoption  of  section  5  as  reported 
by  the  Committee  of  the  Whole,  as  amended. 


CONSTITUTIONAL   CONVENTION.  387 

And  the  question  being  on  the  motion  of  Mr.  Kennedy  to 
adopt  section  5  as  amended,  and  being  put,  it  was  decided  in 
the  affirmative — ayes,  30;  noes,  0. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
tiniuitive  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Crosby,  Douglas.  Ellsworth,  Elder,  Felton,  Hurd,  Hough,  Head, 
James,  Kennedy,  Lee,  Marsh,  Plumb,  Quillian,  Stone,  Stover, 
That.  her.  Vijil,'  \\Vbster,  Wells,  Wilcox,  Widderfield,  Yount, 
Mr.  President. 

So  the  Convention  adopted  section  5  as  reported  by  the 
Convention  of  the  Whole,  as  amended. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
S  as  reported  by  the  Committee  of  the  Whole. 

.Mr.  Clark  moved  a  reconsideration  of  the  vote  by  which 
the  Convention  adopted  section  1,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Clark 
to  reconsider. 

Mr.  Kennedy  moved  the  reconsideration  of  the  vote  by 
which  the  amendment  to  section  1,  offered  by  Mr.  White,  was 
adopted,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Ken 
nedy  to  reconsider. 

The  question  then  being  on  the  motion  of  Mr.  White  to 
amend  section  1  by  inserting  after  the  words  "be,"  in  the  first 
line,  the  words  "in  the  discretion  of  the  General  Assembly,"  it 
was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  White  to  section  1. 

Mr.  Bromwell  moved  that  section  1  be  stricken  out;  and 
the  question  being  upon  the  motion  of  Mr.  Bromwell  to  strike 
out  section  1,  and  being  put,  it  was  decided  in  the  negative — 
ayes,  12;  noes,  15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Beck,  Cooper,  Douglas,  Ellsworth,  Hurd, 
Head,  Quillian,  Stone,  Thatcher,  Wells,  Wilcox. 

Those  voting  in  the  negative  are: 

Messrs.  Carr,  Cushman,  Clark,  Crosby,  Elder,  Felton, 
James,  Kennedy,  Lee,  Plumb,  Stover,  Vijil,  Webster,  Yount, 
Mr.  President. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Bromwell  to  strike  out. 

Mr.  James  moved  the  adoption  of  section  1  as  reported  by 
the  Committee  of  the  Whole. 


388  PROCEEDINGS    OF    THE 

And  the  question  being  upon  the  motion  of  Mr.  James  to 
adopt  section  1  as  reported  by  the  Committee  of  the  Whole,  and 
being  put,  it  was  decided  in  the  affirmative — ayes,  16 ;  noes,  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Carr,  Cushman,  Clark,  Crosby,  Elder,  Felton,  Hurd, 
James,  Kennedy,  Lee,  Plumb,  Stone,  Stover,  Webster,  Yount, 
Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Beck,  Cooper,  Douglas,  Ellsworth,  Head,  Quillian, 
Thatcher,  Vijil,  Wells,  Wilcox. 

So  the  Convention  adopted  section  1  as  reported  by  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  portions  of  the  article  on 
Mines  and  Mining  adopted  by  the  Convention  were  laid  upon 
the  table  for  future  consideration. 

On  motion  of  Mr.  Wells,  the  number  of  members  of  the 
Committee  on  Revisions  and  Adjustments  was  increased  to 
seven,  and  the  President  appointed  Messrs.  White  and  Stone 
as  additional  members  of  that  committee. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  9 
o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL    m\v  i:\TION.  ;>'s!l 


\\  I:I>M-:SDAV.  FKUKI  ARY  23, 1876,  9  O'CLOCK  A.  M. 

Convention  HUM   pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  MrCulloch. 

Roll  called. 

Absent — Messrs.  Biuvhi.  Boyles,  Chirk.  Elder,  Garcia, 
Marsh,  Pease,  Rockwell,  Stone,  Thatcher  and  White. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  .Mt-u-i  gave  notice  that  when  the  hour  arrived  tomor- 
row for  the  special  order  for  the  consideration  of  the  report  of 
the  Committee  on  Public  and  Private  Corporations,  he  should 
move  the  discharge  of  said  order  and  take  up  instead  the -report 
of  the  Committee  on  Congressional  and  Legislative  Apportion- 
ment. 

.Messrs.  Elder,  White  and  Stone  appeared  and  took  their 
seats. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  ami 
Adjustments,  presented  a  report  of  that  committee,  as  follows, 
and  on  his  own  motion  (it)  was  ordered  printed  and  laid  upon  the 
table  for  future  consideration : 

Denver,  February  23,  1876. 

To  the  Honorable  President  and  Constitutional  Convention : 

The  Committee  upon  Revisions  and  Adjustments,  having  had 
under  consideration  the  article  entitled  Officers  and  Oaths  of 
Office,  as  agreed  to  in  the  Convention,  respectfully  report  the 
same  back,  with  a  substitute  recommended  to  be  adopted  in  lieu 
of  section  one  thereof;  and  with  sundry  recommendations  in  the 
remaining  sections  thereof. 

All  of  which  is  respectfully  submitted, 

E.  T.  WELLS, 
Chairman. 

OFFICERS  AND  OATHS  OF  OFFICE. 

Substitute  Recommended. 

Section  1.  Every  person  holding  any  civil  office  under  the 
State,  or  any  municipality  therein,  shall,  unless  removed  accord- 
ing to  law,  exercise  the  duties  of  such  office  until  his  successor 
is  duly  qualified;  but  the  General  Assembly  may  by  law  pro- 
vide for  suspending  any  officer  in  his  functions,  pending  im- 
peachment or  prosecution  for  misconduct  in  office.  This  section 
shall  not  apply  to  members  of  the  General  Assembly,  nor  to 
members  of  any  board  or  assembly,  two  or  more  of  whom  are 
elected  at  the  same  time. 

Section  1.  Every  person  holding  office  under  this  State  or 
any  municipality  therein,  either  by  election  or  appointment, 


390  PROCEEDINGS    OF    THE 

shall  exercise  the  duties  of  his  office  until  his  successor  is  duly 
qualified  according  to  law. 

Sec.  2.  No  person  shall  hold  any  office  or  employment  of 
trust  or  profit  under  the  laws  of  the  State  or  any  ordinance  of 
any  municipality  therein  without  devoting  his  personal  atten- 
tion to  the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now  or  hereafter  may  become  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to  or  assume  the  duties 
of  any  office  of  trust  or  profit  in  the  State  under  the  laws 
thereof  or  of  any  municipality  therein,  until  he  shall  have  ac- 
counted for  and  paid  over  all  public  money  for  which  he  may 
be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury,  solicitation  of  bribery,  or  sub- 
ornation of  perjury,  shall  be  eligible  to  the  General  Assembly 
or  capable  of  holding  any  office  of  trust  or  profit  in  this  State." 

Sec.  5.  The  District  Court  of  each  county  shall,  at  each 
term  thereof,  specially  give  in  charge  to  the  grand  jury,  if  there 
be  one,  the  laws  regulating  the  accountability  of  the  County 
Treasurer;  and  shall  appoint  a  committee  of  ^such  grand  jury 
or  other  reputable  persons,  not  exceeding  five,  to  investigate 
the  official  accounts  and  affairs  of  the  Treasurer  of  such  county, 
and  report  to  the  court  the  condition  thereof.  The  Judge  of 
the  District  Court  may  appoint  a  like  committee  in  vacation  at 
any  time,  but  not  oftener  than  once  in  every  three  months. 

The  District  Court  of  the  county  wherein  the  seat  of  gov- 
ernment may  be,  shall  have  the  like  power  to  appoint  commit' 
tees  to  investigate .  the  official  accounts  and  affairs  of  the  State 
Treasurer  and  the  Auditor  of  State. 

Sec.  6.  Any  civil  officer  who  shall  solicit,  demand  or  re- 
ceive or  consent  to  receive,  directly  or  indirectly,  for  himself  or 
for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  reward, 
thing  of  value  or  enjoyment,  or  of  personal  advantage,  or  prom- 
ise thereof,  for  his  vote,  official  influence  or  action,  or  for  with 
holding  the  same,  or  with  an  understanding  that  his  official  in- 
fluence or  action  shall  be  in  any  way  influenced  thereby,  or  who 
shall  solicit  or  demand  any  such  money  or  advantage,  matter  or 
thing  aforesaid  for  another  as  the  consideration  of  his  vote, 
official  influence  or  action,  or  for  withholding  the  same,  or  shall 
give  or  withhold  his  vote,  official  influence  or  action  in  consid- 
eration of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  held  guilty  of  bribery  or 
solicitation  of  bribery,  as  the  case  may  be,  within  the  meaning 
of  this  .Constitution,  and  shall  incur  the  disabilities  provided 
thereby  for  such  offense  and  such  additional  punishment  as  is 
or  shall  be  prescribed  by  law. 


CONSTITUTIONAL    CON  VI:  \  Tl<  >.\.  391 

Sec.  7.  It  any  j'<  rson  elected  to  either  house  of  the  Gen- 
eral Assembly  shall  otl'er  or  promise  to  give  his  vote  or  inllu 
em-e  in  favor  of  or  against  any  measure  or  proposition  pending 
01-  proposed  to  be  inn-mlm •<•<!  in  i  ho  General  Assembly  in  con- 
sideration or  upon  condition  that  any  other  person  elected  to 
ihe  same  (Jenerul  Assembly  will  irive  or  will  promise  to  assent 
to  jrivt*  his  vote  or  influence  in  favor  of  or  against  any  other 
measure  or  proposition  pending  or  proposed  to  be  introduced  in 
such  General  Assembly,  the  person  making  such  offer  or  prom- 
ise shall  be  declared  guilty  of  solicitation  of  bribery.  If  any 
member  of  the  General  Assembly  shall  give  his  vote  or  influ- 
ence for  or  against  any  measure  or  proposition  pending  in  such 
General  Assembly,  or  offer,  promise  or  assent  so  to  do,  upon 
condition  that  any  other  member  will  give  or  will  promise  or 
assent  to  give  his  vote  or  influence  in  favor  of  or  against  any 
other  measure  or  proposition  pending  or  proposed  to  be  intro- 
duced in  such  General  Assembly,  or  in  consideration  that  any 
other  member  hath  given  his  vote  or  influence  for  or  against 
any  other  measure  or  proposition  in  such  General  Assembly,  he 
shall  be  deemed  guilty  of  bribery,  and  any  member  of  the  Gen- 
eral Assembly  or  person  elected  thereto  who  shall  be  guilty  of 
either  of  such  offenses  shall  be  expelled  and  shall  not  be  there- 
after eligible  to  the  same  General  Assembly,  and  on  conviction 
thereof  in  the  civil  courts  shall  be  liable  to  such  further  penalty 
as  may  be  prescribed  by  law. 

Sec.  8.  Members  of  the  General  Assembly  before  they  en- 
ter upon  their  official  duties  shall  take  the  following  oath  or  af- 
firmation: 

You  do  solemnly  swear  (or  affirm)  that  you  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Colorado,  and  that  you  will  faithfully  perform  the 
duties  of  your  office  according  to  the  best  of  your  ability. 

This  oath  or  affirmation  shall  be  administered  in  the  hall 
of  the  house  to  which  the  member  is  elected. 

Sec.  9.  All  civil  officers,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices, 
take  and  subscribe  to  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  the  State 
of  Colorado,  and  that  I  will  faithfully  discharge  the  duties  of 

the  office  of whereon  I  am  about  to  enter,  according  to 

the  best  of  my  ability. 

Sec.  10.  Officers  of  the  Executive  Department  and  Judges 
of  the  Supreme  and  District  Courts,  and  District  Attorneys, 
shall  tile  their  oaths  of  office  with  the  Secretary  of  State;  every 
other  officer  shall  file  his  oath  of  office  with  the  County  Clerk 
<>f  the  countv,  wherever  he  shall  have  been  elected. 


392  PROCEEDINGS    OF    THE 

Mr.  Plumb,  Chairman  of  the  Committee  on  Irrigation,  Agri- 
culture and  Manufactures,  reported  back  to  the  Convention  a 
substitute  for  Section  1  of  their  original  report,  as  follows, 
which,  on  his  own  motion,  was  laid  upon  the  table,  to  be  con- 
sidered when  the  report  of  the  Committee  on  Irrigation,  Agri- 
culture and  Manufactures  is  before  the  Convention: 

Denver,  Colorado,  Feb.  22,  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado. 
Gentlemen — Your  Committee  to  whom  was  referred  section 

1  of  the  article  on  Irrigation,  Agriculture  and  Manufacture,  with 
sundry  amendments,  beg  leave  to  state  that  they  have  had  the 
same  under  consideration  and  present  the  following,  as  a  sub- 
stitute section,  as  their  report,  all  of  which  is  respectfully  sub- 
mitted. 

S.  J.  PLUMB, 

Chairman. 

Section  1.  The  water  of  every  natural  stream,  not  hereto- 
fore appropriated  within  the  State  of  Colorado,  is  hereby  de- 
clared to  be  the  property  of  the  public,  and  the  same  is  dedi- 
cated to  their  use  as  herein  provided  by  this  Constitution. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  reports  of  the  Committee  of 
the  Whole  on  State,  County  and  Municipal  Indebtedness,  as 
correctly  printed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Mr.  Thatcher  appeared  and  took  his  seat. 

On  motion  of  Mr.  Widderfield,  the  Convention  resolved  it- 
self into  Committee  of  the  Whole  to  further  consider  the  report 
of  the  Committee  on  Irrigation,  Agriculture  and  Manufactures, 
Mr.  Stone  in  the  Chair;  and  after  some  time  spent  therein,  the 
President  resumed  the  Chair  and  Mr.  Stone  reported  that  the 
Committee  of  the  Whole  Convention,  to  whom  was  referred  the 
report  of  the  Committee  on  Irrigation,  Agriculture  and  Manu- 
factures, having,  according  to  order,  had  under  consideration  said 
report,  had  made  further  progress  therein,  and  asked  leave  to  sit 
again  at  2  o'clock. 

On  motion  of  Mr.  Quillian,  the  report  was  received  and 
leave  granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Webster,  the  Convention  adjourned  until 

2  o'clock.  

2  O'CLOCK. 

Convention  met  pursuant  to  adjournment. 

Roll  call. 

Absent — Messrs.  Barela,  Elder,  Garcia,  Pease  and  Wells. 


CONSTITUTIONAL   CONVENTION.  393 

There  being  Mr  objection.  Mr.  Hough,  Chairman  of  Com- 
mittee on  Printing,  reported  back  the  reports  of  the  Committee 
of  the  Whole  on  Counties  ;ind  Judiciary,  as  correctly  printed. 

And  there  beinir  no  objection,  the  report  was  received  and 
tiled  by  the  Secretary. 

On  motion  of  Mr.  Beck,  the  Convention  resolved  it  self 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Irrigation.  Agriculture  and  Manufactures, 
Mr.  Stone  in  the  chair,  and,  after  some  time  spent  then -in. 
the  President  resumed  the  chair  and  Mr.  Stone  submitted  th^ 
following  report: 

Denver,  Colorado,  February  23,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Irrigation, 
Agriculture  and  Manufactures,  having  according  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  the 
same  back  with  sundry  amendments  thereto,  and  ask  the  con- 
currence of  the  Convention  therein,  in  the  words  following,  viz.: 

(Signed)  W.  F.  STONK. 

Chairman  of  the  Committee  of  the  Whole. 

The  Committee  of  the  Whole  have  further  directed  me  to 
report  back  to  the  Convention,  a  substitute  for  section  5  of 
the  report  offered  by  Mr.  White,  with  recommendation  that  it 
be  referred  to  the  Committee  on  Irrigation,  Agriculture  and 
Manufactures,  viz.: 

Sec.  5.  ''The  inherent  power  to  prescribe  the  rates  to  be 
charged  for  water  for  irrigation  and  mining  purposes  is  in- 
alienably in  the  State,  and  the  General  Assembly  shall  never 
directly  or  indirectly  transfer  such  power  to  any  private  cor- 
poration, company  or  person." 

The  Committee  of  the  Whole  have  further  directed  me  to 
report  back  section  6,  with  the  recommendation  that  it  be  laid 
upon  the  table  and  considered  when  the  report  of  the  Committee 
on  Revenue  and  Finance  is  before  the  Convention. 

Sec.  (>.  All  ditches,  canals  and  flumes,  constructed  by  in- 
dividuals or  corporations  for  the  exclusive  purpose  of  irrigating 
lards  owned  by  said  individuals  or  corporations,  shall  not  be 
separately  taxed. 

W.  F.  STONE, 

Chairman. 

IRRIGATION,  AGRICULTURE  AND  MANUFACTURES. 

Section  1.  The  water  of  every  natural  stream,  not  hereto- 
fore appropriated  within  the  State  of  Colorado,  is  hereby  de- 
clared to  be  the  property  of  the  public  and  the  same  is  dedicated 


394  PROCEEDINGS    OF    THE 

to  the  use  of  the  people  of  the  State,  subject  to  appropriation  as 
hereinafter  provided. 

Sec.  2.  Except  for  domestic  purposes,  priority  of  appro- 
priation shall  give  priority  right,  except  from  the  last  day  of 
May  until  the  first  day  of  September,  in  each  and  every  year, 
when  lands  used  for  agricultural  and  horticultural  purposes 
shall  have  the  preference  over  manufacturing  establishments. 

Sec.  3.  All  persons  and  corporations  shall  have  the  right 
of  way  across  public,  private  and  corporate  lands,  for  the  con- 
struction of  ditches,  canals  and  flumes  for  the  purpose  of  con- 
veying water  for  domestic  purposes  and  for  the  irrigation  of 
agricultural  lands  and  for  mining  and  manufacturing  purposes 
and  for  drainage,  upon  payment  of  just  compensation. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

Mr.  Webster  moved  that  sections  1,  2  and  3  of  the  report 
of  the  Committee  on  Irrigation,  Agriculture  and  Manufactures, 
as  reported  by  the  Committee  of  the  Whole,  be  ordered  printed 
and  laid  upon  the  table  for  future  consideration. 

Mr.  Carr,  as  an  amendment,  moved  that  sections  1,  2  and  3, 
reported  by  the  Committee  of  the  Whole,  be  ordered  engrossed 
and  laid  upon  the  table  for  future  consideration,  which 
amendment  was  accepted  by  Mr.  Webster  and  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Webster, 
as  amended  by  Mr.  Carr,  that  sections  1,  2  and  3  of  the  report 
of  the  Committee  of  the  Whole  be  ordered  engrossed  and  laid 
upon  the  table'for  future  consideration. 

On  motion  of  Mr.  Felton,  the  substitute  for  section  5, 
offered  by  Mr.  White,  as  reported  by  the  Committee  of  the 
Whole,  was  referred  to  the  Committee  on  Irrigation,  Agri- 
culture and  Manufactures. 

On  motion  of  Mr.  Webster,  section  6  of  the  report  of  the 
Committee  on  Irrigation,  Agriculture  and  Manufactures,  was 
laid  upon  the  table,  to  be  considered  when  the  report  of  the 
Committee  on  Kevenue  and  Finance  is  before  the  Convention. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  of 
the  Whole  on  the  Judiciary  article,  together  with  the  report 
of  the  Committee  on  Judiciary  of  the  22d  inst.,  were  taken  from 
the  table. 

Mr.  Rockwell  asked  to  be  excused  from  further  service  on 
the  Committee  on  Revisions  and  Adjustments,  and  there  being 
no  objection,  he  was  excused. 

Mr.  Wells  moved  that  the  Convention  proceed  to  consider 
the  article  on  Judiciary  by  sections,  which  was  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  section  1,  as  reported  by  the  Committee  of 
the  Whole,  viz. :  To  strike  out  the  word  "probate"  in  the  second 
line  and  insert  in  lieu  the  word  "county." 


CONSTITUTIONAL   CON  VI-:. \TluN.  395 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 
1,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  2, 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Rockwell  moved  that  the  Convention  concur  in  the 
substitute  of  section  3,  as  reported  by  the  Committee  of  tin- 
Whole. 

And  the  question  being,  "Will  the  Convention  concur  in 
the  report  of  the  Committee  of  the  Whole,  to  strike  out  section 
3  of  the  report  of  the  Committee  on  Judiciary,  and  insert  in  lieu 
the  following  substitute?" 

Sec.  3.  "It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunctions  and  other 
remedial  writs  with  authority  to  hear  and  determine  the  same," 
and  being  put,  it  was  decided  in  the  affirmative.  Ayes,  25; 
noes,  4. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
M fiiniiative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper. 
Crosby,  Douglas,  Ellsworth,  Ebert,  Felton,  Hurd,  Hough, 
Head,  Marsh,  Meyer,  Quillian,  Rockwell,  Stone,  Stover,  Vigil, 
Webster,  Wheeler,  Yount  and  Mr.  President. 

Those  voting  in  the  negative  are  Messrs.  Kennedy,  Wells, 
Wilcox  and  Widderfield. 

So  the  Convention  concurred  in  the  report  of  the  Committee 
of  the  Whole,  to  strike  out  section  3,  and  insert  in  lieu  the 
substitute  as  above. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  3, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
4,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Stone,  section  6  was  amended  by  striking 
out  the  words  "at  the  judicial  election,"  in  the  second  line,  and 
inserting  in  lieu  the  word  "as." 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section  6, 
as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  Widderfield,  the  Convention  adopted  sec- 
tion 7,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  8, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
9,  as  rejtorted  by  the  Committee  on  Judiciary. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendment  to  section  10,  as  reported  by  the  Committee  of 
the  Whole,  viz.: 

To  insert  in  the  second  line,  before  the  word  "be,"  the 
words  "be  learned  in  the  law;"  also,  to  strike  out  the  word 


396  PROCEEDINGS    OF    THE 

"three"  in  the  third  line  and  insert  in  lieu  the  word  "two," 
and  also  strike  out  all  of  the  section  after  the  word  "election" 
in  the  third  line. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  10, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Stone,  the  Convention  concurred  in  the 
amendment  to  section  11,  as  reported  by  the  Committee  of  the 
Whole,  viz.: 

To  strike  out  the  word  "common"  in  the  first  line. 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section  11, 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  sec- 
tion 12,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  section  13,  as  reported  by  the  Committee 
of  the  Whole,  viz.: 

To  insert  in  the  first  line  after  the  words  "he  shall,"  the 
words  "be  learned  in  the  law;"  also,  to  strike  out  in  the  third 
line,  the  words  "at  least  three  years  and  in  the  judicial  district 
for  which  he  is  elected,"  and,  also,  to  strike  out  all  of  the  sec- 
tion after  the  word  "election,"  and  insert  in  lieu  the  words, 
"nor  unless  he  shall  at  the  time  of  his  election  be  an  elector 
within  the  judicial  district  for  which  he  is  elected." 

Mr.  White  moved  to  amend  section  13  by  adding  thereto 
the  words,  "the  qualification  as  to  the  time  of  residence  in  this 
section  mentioned  shall  not  apply  to  the  first  election  held 
under  this  Constitution." 

And  the  question  being  upon  the  motion  of  Mr.  White  to 
amend,  and  being  put,  and  a  division  called,  it  resulted  in  a 
tie  Afote.  Ayes  13;  noes,  13. 

So,  according  to  the  rules,  the  Convention  refused  to  con- 
cur in  the  amendment  offered  by  Mr.  White. 

Mr.  Webster  moved  to  amend  section  13,  by  striking  out 
the  word  "thirty"  in  the  second  line,  and  inserting  in  lieu  the 
words  "twenty-five." 

And,  the  question  being  upon  the  motion  of  Mr.  Webster 
to  amend,  and  being  put,  it  was  decided  in  the  negative. 
Ayes,  13;  noes,  20. 

The  ayes  and  noes  being  called,  those  voting  in  the  af- 
firmative are: 

Messrs.  Beck,  Carr,  Cushman,  Crosby,  Ellsworth,  Felton, 
Head,  Kennedy,  Quillian,  Webster,  White,  Wheeler  and  Yount. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Clark,  Cooper,  Douglas,  Ebert,  Hard, 
Hough,  James,  Lee,  Marsh,  Meyer,  Plumb,  Rockwell,  Stone, 
Stover,  Vijil,  Wells,  Wilcox,  Widderfield  and  Mr.  President. 


CONSTITUTIONAL    CON  \  K  N  TloN.  397 

So  tin1  Cniiveiiiioii  refused  to  concur  in  the  amendment 
offered  I iv  .Mr.  Webster. 

.Mr.  Kennedy  moved  to  amend  section  13,  by  striking  out 
tin-  word  "thirty"  in  second  line  and  inserting  in  lieu  the  words 
"twenty-six." 

And  the  i|iiestion  being  upon  the  motion  of  Mr.  Kennedy  to 
amend,  and  being  put.  it  was  decided  in  the  affirmative.  Ayes, 

L'l:   in.es.  II. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

.Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Crosby, 
Ellsworth,  Felton,  Kurd,  Hough,  Head,  James,  Kennedy,  Lee, 
.Marsh.  Meyer,  Quillian,  Rockwell,  Vijil,  Webster,  White, 
Wheeler,  Yount  and  Mr. .President. 

Those  voting  in  the  negative  are: 

Messrs.  Cooper,  Douglas,  Ebert,  Plumb,  Stone,  Stover, 
Wells,  Wilcox  and  Widdorfield. 

So  the  Convention  concurred  in  the  amendments  offered  by 
Mr.  Kennedy. 

Mr.  Wells  moved  to  amend  section  13  by  striking  out  the 
word  "six"  in  second  line,  and  inserting  in  lieu  the  word  "five." 

And  the  question  being  upon  the  motion  of  Mr.  Wells  to 
amend,  and  being  put,  it  was  decided  in  the  affirmative.  Ayes, 
19;  noes,  13. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Prom  well.  Beck,  Clark,  Crosby,  Ellsworth,  Felton, 
II '"ugh,  Kennedy.  Marsh.  Meyer,  Quillian,  Rockwell,  Stone, 
Webster,  White,  Wells,  Wheeler,  Yount  and  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Carr,  Cooper,  Douglas,  Ebert,  Hurd,  Head,  James, 
Leo,  Plumb.  Stover,  Vijil,  Wilcox.  Widderfield. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

Mr.  Kennedy  moved  to  amend  section  13  by  striking  out  the 
word  "two,"  in  third  line,  and  inserting  in  lieu  the  word  "one." 

And  the  question  being  upon  the  motion  of  Mr.  Kennedy  to 
amend,  and  being  put.  it  was  decided  in  the  negative — ayes.  ."  : 
noes.  27. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Hurd,  Head, 
Kennedy.  Meyer  and  Vigil. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck, 
Carr,  (Mark,  Cooper.  Crosby.  Douglas,  Ellsworth.  Ebert,  Felton, 
Hough,  James,  Lee.  Marsh.  Plumb.  Quillian.  Rockwell,  Stone, 
Stover,  Webster,  White,  Wells.  Wilcox.  Wheeler.  Widderfield, 
Yount,  Mr.  President. 


398  PROCEEDINGS    OF    THE 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Kennedy. 

Mr.  Bromwell  moved  to  reconsider  the  vote  by  which  the 
Convention  refused  to  concur  in  the  amendment  to  section  13 
offered  by  Mr.  White. 

And  the  question  being  upon  the  motion  of  Mr.  Bromwell  to 
reconsider,  and  being  put,  and  a  division  called,  it  was  decided 
in  the  negative — ayes,  12 ;  noes,  15. 

So  the  Convention  refused  to  reconsider. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 
13  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

Mr.  Kennedy  moved  to  adjourn  until  9  o'clock  a.  m.  to- 
morrow. 

And  the  question  being  on  the  motion  of  Mr.  Kennedy  to  ad- 
journ, and  being  put,  and  a  division  called,  it  was  decided  in  the 
affirmative — ayes,  17;  noes,  14. 


CONSTITUTIONAL   CONVENTION,  399 


THURSDAY,  FKISKTAKV  I'lTH,  1*7(1.  !)  O'CLOCK  A.M. 

Convention  met   pursuant  to  adjournment. 

1'raxer  was  offered  by  Kev.  .Mr.  Sturtevant. 

Koll  called.    . 

Absent  -Messrs,  Han-la,  Koyles,  Crosby,  Elder,  Gar<  -ia, 
Hurd,  Pease,  Stoiie,  That. -In -r  and  Webster. 

The  Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  reading  of  so  much  of  the  Journal  as  em- 
braced the  reports  of  the  Committee  on  Revisions  and  Adjust- 
ments be  dispensed  with,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the 
same  approved. 

Messrs.  Crosby,  Elder,  Hurd,  Stone  and  Thatcher  appeared 
and  took  their  seals. 

Mr.  Stone  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted  by  the  Convention: 

Whereas,  The  time  has  now  expired  for  which  the  Legisla- 
ture made  appropriation  for  the  expenses  of  the  Constitutional 
Convention ;  therefore. 

Resolved,  That  the  Committee  on  Accounts  and  Expendi- 
tures of  the  Convention  be  instructed  to  have  certificates  properly 
made  out  for  the  per  diem  and  mileage  of  members  of  the  Con- 
vention and  employes  thereof. 

The  Convention  then  proceeded  with  the  unfinished  busi- 
ness of  yesterday,  viz.:  The  consideration  of  the  report  of  the 
Committee  of  the  Whole  on  the  article  of  judiciary. 

Mr.  Hough  moved  the  adoption  of  section  14  of  the  article 
on  judiciary. 

Mr.  White  moved  to  amend  section  14  by  striking  out  the 
word  k'(lrand"'  in  the  second  line  and  inserting  in  lieu  the 
word  "Douglas." 

Mr.  Wilcox  moved  to  amend  the  amendment  offered  by  Mr. 
White,  by  striking  out  the  word  "Douglas"  and  inserting  in 
lieu  the  word  "Gilpin." 

Mr.  Bromwell  moved  that  the  article  on  judiciary  be  re- 
committed to  the  Judiciary  Committee,  with  instructions  to 
inquire  into  the  expediency  of  making  three  districts,  with 
power  in  the  Supreme  Judges  to  take  part  in  the  work  of  the 
eireuit,  also  of  creating  six  circuits  to  be  held  by  the  Supreme 
Judges,  also  five  circuits  to  be  held  by  the  Supreme  Judges, 
also,  if  practicable,  not  to  exceed  four  districts,  and  that  they 
report  such  amendments  as  tliev  shall  find  to  be  proper;  and 
the  question  bein^  upon  the  motion  of  Mr.  Bromwell,  it  was 
agreed  to. 


400  PROCEEDINGS    OF    THE 

So  the  article  on  judiciary  was  referred  to  the  Committee 
on  Judiciary,  with  instructions  as  above. 

Mr.  Carp  gave  notice  that  at  some  proper  future  time  he 
should  move  to  reconsider  the  votes  by  which  sections  1  to  3 
of  the  article  on  judiciary  were  adopted. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  the  following  report: 
To  the  Honorable  the  President  and  Convention: 

The  Committee  of  the  Honorable  Convention  upon  Revisions 
and  Adjustments,  having  had  under  consideration  the  article 
upon  the  Executive  Department,  respectfully  return  the  same 
with  sundry  recommendations  and  corrections,  as  follows: 

E.  T.  WELLS, 

February  24th,  187H.  -  Chairman. 

EXECUTIVE    DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a  Gov- 
ernor, Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General  and  Superintendent 
of  Public  Instruction,  each  of  whom  shall  hold  his  office  for 
the  term  of  two  years,  beginning  on  the  second  Tuesday  of 
January  next  after  his  election;  provided,  that  the  terms  of 
office  of  those  chosen  at  the  first  election  held  under  the  Con- 
stitution shall  begin  on  the  day  appointed  for  the  first  meeting 
of  the  General  Assembly.  The  officers  of  the  Executive  De- 
partment, except  the  Lieutenant  Governor,  shall,  during  their 
term  of  office,  reside  at  the  seat  of  govenrment,  where  they  shall 
keep  the  public  records,  books  and  papers.  They  shall  perform 
such  duties  as  are  prescribed  by  the  Constitution  or  by  law. 

Sec.  2.  The  Supreme  Executive  power  of  the  State  shall 
be  vested  in  the  Governor,  who  shall  take  care  that  the  laws 
be  faithfully  executed. 

Sec.  3.  The  officers  named  in  section  1  of  this  article, 
shall  be  chosen  on  the  day  of  the  general  election  by  the 
qualified  electors  of  the  State.  The  returns  of  every  election 
for  said  officers  shall  be  sealed  up  and  transmitted  to  the 
Secretary  of  State,  directed  to  the  Speaker  of  the  House  of 
Representatives,  who  shall,  immediately  upon  the  organization 
of  the  House,  and  before  proceeding  to  other  business,  open 
and  publish  the  same  in  the  presence  of  a  majority  of  the 
members  of  both  houses  of  the  General  Assembly,  who  shall 
for  that  purpose  assemble  in  the  House  of  Representatives. 
The  person  having  the  highest  number  of  votes  for  either  of  said 
offices  shall  be  declared  duly  elected,  but  if  two  or  more  have 
an  equal  and  the  highest  number  of  votes  for  the  same  office, 
one  of  them  shall  be  chosen  thereto  by  the  two  houses  on 
joint  ballot.  Contested  elections  for  the  said  offices  shall  be 
determined  by  the  two  houses  on  joint  ballot,  in  such  manner 
as  may  be  prescribed  by  law. 


CONSTITUTIONAL   CONVENTION.  401 

Section  4,  as  originally  agreed  upon,  is  recommended  to  be 
stricken  mil,  as  the  same  provisions  an-  coninined  in  the  re- 
port of  the  Committee  on  Impeachment,  etc. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor, Lieutenant  Governor  or  Superintendent  of  Public  In- 
struction, except  a  citizen  of  the  1'nited  States  and  of  the  State, 
who  shall  have  attained  the  age  of  thirty  years  and  shall  have 
been  a  resident  of  the  State  for  two  years  next  preceding  his 
election.  Provided,  that  at  the  first  election  held  under  this 
Constitution,  any  person  who  was  a  qualified  elector  under  the 
laws  of  Colorado,  at  the  adoption  of  this  Constitution,  shall  be 
eligible  to  either  of  said  offices.  No  one  shall  be  eligible  to  the 
office  of  Secretary  of  State,  Auditor  of  State,  State  Treasurer 
or  Attorney  General,  unless  he  shall  be  of  the  age  of  twenty- 
five  years  and  have  all  the  other  qualifications  for  Governor; 
nor  shall  any  one  be  eligible  to  the  office  of  Attorney  General 
unless  he  be  a  regular  licensed  attorney  and  counselor  at  law 
of  the  Supreme  Court  of  the  Territory  or  State  of  Colorado,  in 
good  standing. 

SUBSTITUTE  RECOMMENDED. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor, Lieutenant  Governor  or  Superintendent  of  Public  In- 
struction, unless  he  be  of  the  age  of  thirty  years,  nor  to  the 
office  of  Auditor  of  State,  Secretary  of  State  or  State  Treasurer, 
unless  he  be  of  the  age  of  twenty-five  years,  nor  to  the  office 
of  Attorney  General  unless  he  be  of  the  age  of  twenty-five  years 
and  a  licensed  attorney  of  the  Supreme  Court,  in  good  standing, 
at  the  first  election  under  this  Constitution.  Any  person  be- 
ing a  qualified  elector  at  the  time  of  the  adoption  of  this  Con- 
stitution and  having  the  qualifications  above  herein  prescribed 
for  any  one  of  said  offices,  shall  be  eligible  thereto;  but  there- 
after no  person  shall  be  eligible  to  any  one  of  said  offices  unless 
in  addition  to  the  qualifications  above  prescribed  therefor,  he 
shall  be  a  citizen  of  the  United  States  and  have  resided  within 
the  limit  [limits]  of  the  State  two  years  next  preceding  his 
election. 

Sec.  o.  The  Governor  shall  be  Commander-in-chief  of  the 
military  forces  of  the  State,  except  when  called  into  actual 
service  of  the  United  States.  He  shall  have  power  to  call  out 
the  militia  to  execute  the  laws,  suppress  insurrection  or  repel 
invasion. 

Sec.  7.  The  Governor  shall  nominate,  and  by  and  with  the 
consent  of  the  Senate  appoint  all  officers  whose  offices  are 
established  by  the  Constitution,  or  which  may  be  created  by 
law  and  whose  appointment  or  election  is  not  otherwise  pro- 
vided for,  and  may  remove  any  such  officer  for  incompetency, 
neglect  of  duty  or  malfeasance  in  office.  If,  during  the  recess 
of  the  Senate,  a  vacancy  occur  in  any  such  office,  the  Governor 


402  PROCEEDINGS    OF    THE 

shall  appoint  some  fit  person  to  discharge  the  duties  thereof 
until  the  next  meeting  of  the  Senate,  when  he  shall  nominate 
some  person  to  fill  such  office.  If  the  office  of  Auditor  of  State, 
State  Treasurer,  Secretary  of  State,  Attorney  General  or 
Superintendent  of  Public  Instruction  shall  be  vacated  by  death, 
resignation  or  otherwise,  it  shall  be  the  duty  of  the  Governor  to 
fill  the  same  by  appointment,  and  the  appointee  shall  hold  his 
office  until  his  successor  shall  be  elected  and  qualified,  in  such 
manner  as  may  be  provided  by  law.  The  Senate  in  deliberating 
upon  executive  nominations  may  sit  with  closed  doors,  but  in 
acting  upon  nominations  they  shall  sit  with  open  doors  and  the 
vote  shall  be  taken  with  ayes  and  noes,  which  shall  be  entered 
upon  the  Journal. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses, 
except  treason  and  except  in  cases  of  impeachment,  subject  to 
such  regulations  as  may  be  prescribed  by  law,  relative  to  the 
manner  of  applying  for  pardons,  but  he  shall,  in  every  case 
where  he  may  exercise  this  powrer,  send  to  the  General  Assembly 
at  its  first  session  thereafter  a  transcript  of  the  petition,  all 
proceedings  and  the  reasons  for  his  action. 

Sec.  9.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices,  which 
information  shall  be  given  upon  oath,  whenever  so  required. 
He  may  also  require  information  in  writing  at  any  time,  under 
oath,  from  all  officers  and  managers  of  State  institutions,  upon 
any  subject  relating  to  the  condition,  management  and  expenses 
of  their  respective  offices  and  institutions.  The  Governor  shall, 
at  the  commencement  of  each  session,  and  from  time  to  time  by 
message,  give  to  the  General  Assembly  information  of  the  con- 
dition of  the  State  and  shall  recommend  such  measures  as  he 
shall  deem  expedient.  He  shall  also  send  to  the  General  As- 
sembly a  statement,  wTith  vouchers,  of  the  expenditures  of  all 
moneys  belonging  to  the  State  and  paid  out  by  him.  He  shall 
also,  at  the  commencement  of  each  session,  present  estimates 
of  the  amount  of  money  required  to  be  raised  by  taxation  for 
all  purposes  of  the  State. 

Sec.  10.  The  Governor  may,  on  extraordinary  occasions, 
convene  the  General  Assembly  by  proclamation,  stating  therein 
the  purpose  for  which  it  has  been  convened;  but  at  such  spe- 
cial sessions  no  business  shall  be  transacted  other  than  that 
specially  named  in  the  proclamation.  He  may  by  proclamation 
convene  the  Senate  in  extraordinary  session,  for  the  transaction 
of  executive  business. 

Sec.  11.  The  Governor,  in  case  of  a  disagreement  between 
the  two  houses  as  to  the  time  of  adjournment,  may,  upon  the 
same  being  certified  to  him  by  the  house  last  naming  adjourn- 
ment, adjourn  the  General  Assembly  to  a  day  not  later  than  the 
first  day  of  the  next  regular  session. 


CONSTITUTIONAL   CONVENTION.  403 

Sec.  12.  EV<M  v  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he 
approve,  he  shall  sign  it,  and  thereupon  it  shall  become  a  law; 
but  if  he  do  not  approve,  he  shall  return  it,  with  his  objections, 
to  the  house  in  which  it  originated,  which  house  shall  enter 
the  objections  at  large  upon  its  Journal  and  proceed  to  recon- 
sider the  bill.  If,  then,  two-thirds  of  the  members  elected  agree 
to  pass  the  same,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  the  members  elected  to  that 
house,  it  shall  become  a  law,  notwithstanding  the  objections 
of  the  Governor.  In  all  such  cases,  the  vote  of  each  house 
shall  be  determined  by  ayes  and  noes,  to  be  entered  upon  the 
Journal.  If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  General  Assembly  shall,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  be  filed,  with  his  objections,  in' 
the  office  of  the  Secretary  of  State,  within  thirty  days  after 
such  adjournment,  or  else  become  a  law. 

Sec.  13.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill 
approved  shall  be  law,  and  the  item  or  items  of  appropriations 
disapproved  shall  be  void  unless  enacted  in  manner  following :  If 
the  General  Assembly  be  in  session,  he  shall  transmit  to  the 
house  in  which  the  bill  originated  a  copy  of  the  item  or  items 
thereof  disapproved,  together  with  his  objections  thereto,  and 
the  items  objected  to  shall  be  separately  reconsidered  and  each 
item  shall  then  take  the  same  course  as  is  prescribed  for  the 
passage  of  bills  over  the  Executive  veto. 

LIEUTENANT  GOVERNOR. 

Sec.  14.  In  case  of  the  death,  impeachment  or  conviction 
of  felony  or  infamous  misdemeanor,  failure  to  qualify,  resigna- 
tion, absence  from  the  State  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  office  for  the  residue 
of  the  term,  or  until  the  disabilities  shall  be  removed,  shall  de- 
volve upon  the  Lieutenant  Governor. 

Sec.  15.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate,  and  shall  vote  only  when  the  Senate  is  equally 
divided.  In  case  of  the  absence,  impeachment  or  disqualifica- 
tion from  any  cause  of  the  Lieutenant  Governor,  or  when  he 
shall  hold  the  office  of  Governor,  then  the  President  pro  tern- 
pore  of  the  Senate  shall  perform  the  duties  of  the  Lieutenant 
Governor  until  the  vacancy  is  filled  or  the  disability  removed. 

Sec.  16.  In  case  of  the  failure  to  qualify  in  his  office,  death, 
resignation,  absence  from  the  State,  impeachment,  conviction  of 
felony  or  infamous  misdemeanor  or  disqualification  from  any 


404  PROCEEDINGS   OP   THE 

cause  of  both  the  Governor  and  Lieutenant  Governor,  the  duties 
of  the  Governor  shall  devolve  upon  the  President  of  the  Senate 
pro  tempo're,  until  such  disqualification  of  either  the  Governor 
or  Lieutenant  Governor  be  removed,  or  the  vacancy  be  filled, 
and  if  the  President  of  the  Senate,  for  any  of  the  above  named 
causes,  shall  become  incapable  of  performing  the  duties  of 
Governor,  the  same  shall  devolve  upon  the  Speaker  of  the  House. 

Sec.  17.  An  account  stall  be  kept  by  the  officers  of  the 
Executive  Department,  and  of  all  public  institutions  of  the 
State,  of  all  moneys  received  by  them  severally,  from  all  sources, 
and  for  every  service  performed  and  of  all  moneys  disbursed 
by  them  severally,  and  a  semi-annual  report  thereof  shall  be 
made  to  the  Governor  under  oath. 

'Sec.  18.     The  officers  of  the  Executive  Department  and  of 

all  public  institutions  of  the  State  shall,  at  least  twenty  days 

preceding  each  regular  session  of  the  General  Assembly,  make 

a  full  and   complete  report  of  their  actions  to  the  Governor, 

.who  shall  transmit  the  same  to  the  General  Assembly. 

Sec.  19.  There  shall  be  a  seal  of  the  State,  which  shall 
be  kept  by  the  Secretary  of  State,  and  shall  be  called  "the  Great 
Seal  of  the  State  of  Colorado."  The  seal  of  the  Territory  of 
Colorado,  as  now  used,  shall  be  the  seal  of  the  State  until 
otherwise  provided  by  law. 

Sec.  20.  The  officers  named  in  this  article  shall  receive 
for  their  services  a  salary  to  be  established  by  law,  which  shall 
not  be  increased  or  diminished  during  their  official  terms.  It 
shall  be  the  duty  of  all  such  officers  to  collect  in  advance  all 
fees  prescribed  by  law  for  services  rendered  by  them  severally 
and  pay  the  same  into  the  State  Treasury. 

Sec.  21.  The  Superintendent  of  Public  Instruction  shall 
be  ex-officio  State  Librarian. 

Sec.  22.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  be  eligible  for  re-election  as  his  own  immediate  successor. 

Mr.  Wells  moved  that  the  report  be  laid  upon  the  table 
and  the  proviso  to  section  1,  the  substitute  for  section  5  and 
sections  3  and  7,  ordered  printed,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Wells. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on 
Legislature  and  Legislation  and  the  report  of  the  Committee 
of  the  Whole  on  Rights  of  Suffrage  and  Elections,  as  correctly 
engrossed. 

There  being  no  objection,  the  report  was  received  and 
filed  by  the  Secretary. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  on  Officers  and  Oath 
of  Office,  as  coirectly  printed. 


C0.\ si  i  i  i    i  IMNAI.   CONVENTION.  405 

There  l:eini;  no  objection,  (lie  report  was  received  ;iml 
filed  by  ili.-  Srrietarv. 

Mr.  Wehsier  ap|  tared  and  took  his  seat. 

(hi  motion  of  Mr.  Meyer,  the  special  order  of  the  hour,  viz.: 
the  consideration  of  i  In-  report  of  the  Committee  on  Public  and 
Private  Corporal  ions,  was  discharged,  and  the  report  of  the 
Coinmim  e  on  Congressional  and  Legislative  Apportionments  was 
taken  from  the  table  in  lieu. 

On  motion  of  Mr.  White,  the  Convention  resolved  itself  into 
Com mit  tee  of  the  Whole,  to  consider  the  report  of  the  Committee 
on  Congressional  Apportionment,  Mr.  Widderfield  in  the  chair, 
and,  after  some  time  spent  therein,  the  President  resumed  the 
rhair.  and  Mr.  Widderfield  reported  that  the  Committee  of  the 
Whole  Convention,  to  whom  was  referred  the  report  of  the  Com- 
mit tee  on  Congressional  and  Legislative  Apportionment,  having, 
according  to  order,  had  under  consideration  said  report,  had 
made  some  progress  therein,  and  asked  leave  to  sit  again  at  2 
o'clock. 

On  motion  of  Mr.  Hurd,  the  report  wras  received  and  leave 
granted  to  sit  again  at  2  o'clock. 

Mr.  Reck  moved  that  a  Select  Committee  of  three  members 
be  appointed  by  the  President  to  ascertain  approximately  the 
relative  cost  and  expenditure  of  a  Legislature  consisting  of 
thirty-nine,  one  of  seventy-five  and  one  of  sixty-two  members, 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Beck. 

Mr.  Carr  moved  that  the  Committee  on  Congressional  and 
Legislative  Apportionment  be  instructed  to  inquire  into  the  ex- 
pediency of  reducing  the  number  of  members  of  the  Senate  at 
least  one-half,  and  report  to  the  Convention  as  early  as  possible, 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Carr. 

The  President  appointed  Messrs.  Clark,  Felton  and 
Wheeler  as  a  Special  Committee  to  ascertain  the  relative  cost 
of  a  General  Assembly  consisting  of  thirty-nine,  seventy-five  or 
sixty-two  members,  in  accordance  with  the  motion  of  Mr.  Beck, 
adopted  by  the  Convention. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
2  o'clock  p.  m. 

2  O'CLOCK   P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  P.arela,  Boyles,  Elder.  Garcia,  Hurd,  Pease, 

Sione.  Stover.  Webster  and  White. 


406  PROCEEDINGS    OF    THE 

The  President  asked  leave  of  absence  for  this  afternoon  for 
Mr.  Stover,  which  was  granted. 

Mr.  Clark,  Chairman  of  the  Special  Committee  appointed 
this  morning,  presented  the  following  report: 

Denver,  February  24th,  1870. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your   Special   Committee,   appointed   specially 
to  make  inquiry  into  the  relative  cost  and  expenses  of  a  Legis- 
lature consisting  of  thirty-nine  members  and  one  consisting  of 
seventy-five  members,  would  respectfully  state  that  they  have 
made  such  inquiry  into  the  subject  as  the  limited  time  would 
permit,  and  submit  the  following  as  their  report: 
The  per  diem   and  mileage    of    thirty-nine    members 
and  officers  of  the  body,  as  now  paid,  amounts 

to    1 14,340.95 

The  per  diem  and  mileage  of  seventy-five  members 
and  officers  of  the  body,  as  proposed  to  be  paid, 
amounts  to 16,790.00 


Difference  in  cost f    2,449.05 

Making  an  annual  difference  of $    1,224.53 

The  cost  of  halls,  light,  fuel,  printing  and  other  expenses 
will  not  be  materially  changed  on  account  of  the  number  of 
members  composing  the  body.  With  the  restrictions  placed 
upon  the  Legislature,  we  think  that  the  cost  of  printing  in 
the  same  will  not  be  as  large  in  the  first  Legislature  under  the 
State  as  it  was  in  the  last  Legislature  under  the  Territory. 

Respectfully  submitted, 

WM.  M.  CLARK, 
JOHN  S.  WHEELER, 
W.  B.  FELTON. 

On  motion  of  Mr.  Kennedy,  the  report  was  received  and 
the  committee  discharged. 

Messrs.  Boyles,  Elder,  Stone,  White  and  Webster  appeared 
and  took  their  seats. 

Mr.  Cooper,  Chairman  of  the  Committtee  on  Engrossing 
and  Enrolling,  reported  back  to  the  Convention  sections  1,  2 
and  3  of  the  article  on  Irrigation,  Agriculture  and  Manufactures, 
reported  by  the  Committee  of  the  Whole,  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Kennedy,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  to  further  consider  the  report  of 
the  Committee  on  Congressional  and  Legislative  Apportionment, 
Mr.  Widderfield  in  the  chair,  and,  after  some  time  spent  therein. 


CONSTITUTIONAL    CONVENTION.  407 

ili»4  President  resumed  the  chair,  and  Mr.  Widderlield  submitted 
the   following  report: 

Denver,  February  24th,  187*;. 

To  the  Honorable  President  and  Constitutional  <'m.  vent  inn   of 
<  <dorado: 

< lentlemen — Tho  Committee  of  the  Whole  ('(invention,  in 
whom  was  referred  the  report  of  the  Committee  on  Congressional 
and  Legislative  Apportionment,  having,  according  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  the 
same  hack  without  amendment,  and  ask  the  concurrence  of  the 
Convention  therein,  in  the  words  following. 

J.   W.   WIDDERFIELD, 

Chairman. 

(  ()X(JKi:ssiONAL  AND  LEGISLATIVE  APPORTIONMENT. 

Section  1.  One  Representative  to  the  House  of  Representa- 
tives of  the  United  States  shall  be  elected  from  the  State  at 
large  at  the  £rst  election  under  this  Constitution  and  thereafter 
at  such  times,  places  and  manner  as  may  be  prescribed  by  law. 
When  a  new  apportionment  shall  be  made  by  the  Congress  of  the 
United  States  the  General  Assembly  shall  divide  the  State  into 
as  many  Congressional  districts  as  may  be  allowed  Representa- 
tives in  Congress. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  the 
enumeration  of  the  inhabitants  of  the  State  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-five,  and  every 
tenth  year  thereafter,  and  at  the  session  next  following  such 
enumeration,  and  also  at  the  session  next  following  an  enumera- 
tion made  by  authority  of  the  United  States,  shall  revise  and 
adjust  the  apportionment  for  Senators  and  Representatives  on 
the  basis  of  such  enumeration,  according  to  the  ratio  to  be  fixed 
by  law. 

Sec.  3.  The  Senate  shall  consist  of  twenty-six  and  the 
House  of  Representatives  of  forty-nine  members,  wrhich  numbers 
shall  not  be  increased  until  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety,  after  which  time  the  General  Assem- 
bly may  increase  the  number  of  Senators  and  Representatives, 
preserving  as  near  as  may  be  the  present  proportion  as  to  the 
numbers  of  each  house.  Provided,  That  the  aggregate  number  of 
Senators  and  Representatives  shall  never  exceed  one  hundred. 

S-ec.  4.  Senatorial  and  Representative  districts  may  be 
altered  from  time  to  time  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties  they  shall  be  contiguous  and  the  district 
as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  a  Senatorial  or  Representative  district. 

Sec.  5.  Until  the  State  shall  be  divided  into  Senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article,  said  dis- 


408  PROCEEDINGS    OF    THE 

tricts  shall  be  constituted  and  numbered  as  follows,  and  shall  be 
entitled  to  the  number  of  Senators  affixed  to  the  districts  re- 
spectively : 

Districts.  No.  of  Senators. 

1  Weld   1 

2  Larimer    1 

3  Boulder 2 

4  Gilpin   1 

5  Gilpin,  Summit  and  Grand 1 

6  Clear  Creek  2 

7  Jefferson 1 

8  Arapahoe   4 

9  Elbert  and  Bent 1 

10  El  Paso 1 

11  Douglas    1 

12  Park    1 

13  Lake  and  Saguache 1 

14  Fremont   1 

15  Pueblo • 1 

16  Las  Animas 2 

17  Huerfano    1 

18  Costilla    1 

19  Conejos 1 

20  Rio  Grande,  Hinsdale,  La  Plata  and  S-an  Juan 1 

Sec.  6.     Until  an  apportionment  *of  Representatives  can  be 

made  in.  accordance  with  the  provisions  of  this  article  they  shall 
be  divided  among  the  several  counties  of  the  State  in  the  follow- 
ing manner:  The  county  of  Arapahoe  shall  have  seven;  the  coun- 
ties of  Boulder  and  Clear  Creek,  each,  four;  the  counties  of  Gilpin 
and  Las  Animas,  each,  three;  the  counties  of  El  Paso,  Fremont, 
Huerfano,  Jefferson,  Pueblo  and  Weld,  each,  two ;  the  counties  of 
Bent,  Costilla,  Conejos,  Douglas,  Elbert,  Grand,  Hinsdale,  Lari- 
mer, La  Plata,  Lake,  Park,  Rio  Grande,  Summit,  S<aguache  and 
San  Juan,  each,  one;  and  the  counties  of  Costilla  and  Conejos, 
jointly,  one. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

Mr.  Kennedy  moved  that  the  Convention  concur  in  the  rec- 
ommendation of  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Kennedy  to 
concur  in  the  recommendation  of  the  Committee  of  the  Whole, 
and  being  put,  it  was  decided  in  the  affirmative — ayes,  25 ;  noes,  8. 

The  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Boyles,  Brom- 
well,  Beck,  Carr,  Cushman,  Clark,  Crosby.,  Ellsworth,  Elder,  Fel- 
ton,  Hough,  Head,  James,  Kennedy,  Lee,  Meyer,  Quillian,  Stone, 
Thatcher,  Vigil,  White,  Wells,  Wheeler,Widderfield,  Mr.  Presi- 
dent. 

Those  voting  in  the  negative  are — Messrs.  Cooper,  Douglas, 
Ebert,  Marsh,  Plumb,  Rockwell,  Webster,  Wilcox. 


CONSTITUTIONAL   CONVENTION.  409 

So  the  ( 'onvent  ion  concurred   in   the  recomniendal  ions  of  the 

roilllilillec   of   the   Whole. 

Mr.  Felton  moved  iluii  the  artiele  on  Congressional  and 
Legislative  A  j  i|  iort  ion  men  I ,  MS  reported  by  the  Committee  of  the 
Whole,  be  adopted  by  the  Convention. 

Mr.  Wells  moved  that  the  report  of  the  Committee  of  the 
Whole  he  hiid  ii|ion  the  table  for  further  consideration. 

And  the  question  bring  upon  the  motion  of  Mr.  Wells  to  lay 
ii(  "ii  ihr  table,  and  being  put.  and  a  division  called  for,  it  was 
decided  in  the  nepit  ive-  ayes,  14;  noes,  16. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Wells  to  lay  upon  the  table. 

Mr.  (Mark  moved  that  the  report  of  the  Committee  of  the 
Whole  be  considered  by  sections. 

And  the  question  being  upon  the  motion  of  Mr.  Clark  to  con- 
sider the  report  by  sections,  and  being  put,  and  a  division  called 
for,  it  was  decided  in  the  affirmative — ayes,  18 ;  noes,  4. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Clark  to 
consider  the  report  by  sections. 

Mr.  Kennedy  moved  the  adoption  of  section  1  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Kennedy  to 
adopt  section  1,  and  being  put,  it  was  decided  iii  the  affirmative — 
ayes,  33 ;  noes,  0. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Boyles,  Brom- 
wrll.  Beck,  Carr,  Cushman,  Clark,  Cooper,  Crosby,  Douglas,  Ells- 
worth, Elder,  Ebert,  Felton,  Hough,  Head,  James,  Kennedy,  Lee, 
Marsh,  Meyer,  Plumb,  Quillian,  Rockwell,  Stone,  Thatcher'  Vigil, 
Webster,  White,  Wells,  Wilcox,  Wfheeler,  W7idderfield,  Mr.  Presi- 
dent. 

So  the  Convention  adopted  section  1  as  reported  by  the  Com- 
mittee of  the  Whole. 

On  motion  of  Mr.  Meyer,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  W^hole. 

Mr.  Marsh  moved  to  amend  section  3  by  striking  out  the 
words  "twenty-six,"  in  the  first  line,  and  inserting  in  lieu  the 
word  "twenty." 

On  motion  of  Mr.  Wilcox,  a  call  of  the  Convention  was 
ordered. 

The  roll  being  called,  the  following  named  members  failed 
to  answer  to  their  names,  and  were  absent  without  leave  of  the 
Convention,  viz. : 

Messrs.  Hurd  and  Pease. 

Mr.  Kennedy  asked  for  leave  of  absence  for  Mr.  Pease  on 
account  of  sickness,  which  was  granted. 


410  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Cooper,  further  proceedings  under  the  call 
of  the  Convention  were  dispensed  with. 

.  The  question  being  upon  the  motion  of  Mr.  Marsh  to  amend 
section  3,  and  being  put,  it  was  decided  in  the  negative — ayes,  10 ; 
noes,  24. 

The  ayes  and  noes  being  called : 

Those  voting  in  the  affirmative  are — Messrs.  Carr,  Cooper, 
Douglas,  Ebert,  James,  Marsh,  Plumb,  Rockwell,  Wells,  Wilcox. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Bromwell, 
Beck,  Cushman,  Clark,  Crosby,  Ellsworth,  Elder,  Felton,  Hough, 
Head,  Kennedy,  Lee,  Meyer,  Quillian,  Stone,  Thatcher,  Vigil,  Web- 
ster, White,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  to 
section  3  offered  by  Mr.  Marsh. 

Mr.  Marsh  moved  a  further  amendment  to  section  3 :  By 
striking  out  the  words  "forty-nine,"  in  the  first  line,  and  insert- 
ing in  lieu  the  words  "thirty-five." 

And  the  question  being  upon  the  motion  of  Mr.  Marsh  to 
amend  section  3  by  striking  out  the  words  "forty-nine"  and  insert- 
ing in  lieu  the  words  "thirty-five,"  and  being  put,  it  was  decided 
in  the  negative — ayes,  4;  noes,  28. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  .affirmative  are — Messrs.  .Ebert,  Marsh, 
Rockwell  and  Wells. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Bromwell, 
Beck,  Carr,  Cushman,  Clark,  Cooper,  Crosby,  Douglas,  Ellsworth, 
Elder,  Felton,  Hough,  Head,  James,  Kennedy,  Lee,  Meyer,  Plumb, 
Quillian,  Stone,  Thatcher,  Vigil,  Webster,  White,  Wheeler,  Wid- 
derfield, Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  to 
section  3  offered  by  Mr.  Marsh. 

On  motion  of  Mr.  Bromwell,  a  call  of  the  Convention  was 
ordered. 

The  Secretary  proceeded  to  call  the  roll  of  members. 

Pending  which  Mr.  Stone  moved  that  further  proceedings 
under  the  call  be  dispensed  with,  which  was  agreed  to. 

Mr.  Cooper  moved  the  adoption  of  section  3  as  reported  by  the 
Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Cooper  to 
adopt  section  3  as  reported  by  the  Committee  of  the  Whole,  and 
being  put,  it  was  decided  in  the  affirmative — ayes  25,  noes,  8. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Boyles,  Brom- 
well, Beck,  Cushman,  Clark,  Cooper,  Crosby,  Ellsworth,  Elder, 
Felton,  Hough,  Head,  James,  Kennedy,  Lee,  Meyer,  Plumb, 
Quillian,  Thatcher,  Vigil,  Webster,  Wheeler,  Widderfield,  Mr. 
President. 


CONSTITUTIONAL   CONVENTION.  411 

Those  voting  in  the  negative  are — Messrs.  Carr,  Douglas, 
I:IM-I-I,  Marsli.  KnrkwHI.  White.  Wells,  Wilcox. 

So  i In-  Convention  adopted  section  3  as  reported  by  the  Com- 
mittee of  the  Whole. 

On  motion  of  Mr.  Kennedy,  leave  of  absence  for  this  after- 
noon was  granted  to  Mr.  Yount. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Kennedy  moved  the  adoption  of  section  5  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Kennedy  to 
adopt  section  5,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  25;  noes,  7. 

The  ayes  and  noes  being  called  for : 

Those  voting  in  the  affirmative  are — Messrs.  Boyles,  Brom- 
\\ell.  P.iM-k,  Clark,  Cooper,  Crosby,  Ellsworth,  Elder,  Felton, 
Hurd,  Hough,  Head,  James,  Kennedv,  Lee,  Meyer,  Quillian,  Stone, 
Thatcher,  Vigil,  Webster,  White,  Wheeler,  Widderfleld,  Mr.  Presi- 
dent. 

Those  voting  in  the  negative  are — Messrs.  Carr,  Douglas, 
Ebert,  Plumb,  Rockwell,  Wells,  Wilcox. 

So  the  Convention  adopted  section  5  as  reported  by  the  Com- 
mittee of  the  Whole. 

Mr.  Meyer  moved  the  adoption  of  section  6  as  reported  by  the 
Committee  of  the  WThole. 

And  the  question  being  upon  the  motion  of  Mr.  Meyer  to 
adopt  section  6,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  28 ;  noes,  5. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Boyles,  Brom- 
well.  Beck,  Carr,  Cushman,  Clark,  Cooper,  Crosby,  Douglas,  Ells- 
worth, Elder,  Felton,  Hurd,  Hough,  Head,  James,  Kennedy,  Lee, 
Meyer,  Quillian,  Stone,  Thatcher,  Vigil,  Webster,  White,  Wheeler, 
Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Ebert,  Plumb, 
Rockwell,  Wells  and  WTilcox. 

So  the  Convention  adopted  section  6  as  reported  by  the  Com- 
mittee of  the  W7hole. 

Mr.  Meyer  moved  that  the  vote  by  which  sections  3,  5  and  6 
were  adopted  be  reconsidered,  and  then  moved  that  the  motion 
to  reconsider  be  laid  upon  the  table,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Meyer  to 
lay  the  motion  to  reconsider  upon  the  table. 

So  the  Convention  adopted  the  article  on  Congressional  and 
Legislative  Apportionment,  as  follows  : 


412  PROCEEDINGS    OF    THE 

ARTICLE   (— ). 
CONGRESSIONAL  AND  LEGISLATIVE  APPORTIONMENT. 

Section  1.  One  Representative  to  the  House  of  Representa- 
tives of  the  United  States  shall  be  elected  from  the  State  at  large 
at  the  first  election  under  this  Constitution,  and,  thereafter,  at 
such  times,  places  and  manner  as  may  be  prescribed  by  law. 
When  a  -new  apportionment  shall  be  made  by  the  Congress  of 
the  United  States  the  General  Assembly  shall  divide  the  S-tate 
into  as  many  Congressional  districts  as  it  may  be  allowed  Repre- 
sentatives in  Congress. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  State'  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-five  and  every 
tenth  year  thereafter,  and  at  the  session  next  following  such  enu- 
meration and,  also,  at  the  session  next  following  an  enumeration 
made  by  the  authority  of  the  United  States,  shall  revise  and  ad- 
just the  apportionment  for  Senators  and  Representatives  on  the 
basis  of  such  enumeration  according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  The  Senate  shall  consist  of  twenty -six  and  the  House 
of  Representatives  of  forty-nine  members,  which  number  shall  not 
be  increased  until  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety,  after  which  time  the  General  Assembly  may  in- 
crease the  number  of  Senators  and  Representatives,  preserving  as 
near  as  may  be  the  present  proportion  as  to  the  numbers  of  each 
house ;  Provided,  That  the  aggregate  number  of  Senators  and 
Representatives  shall  never  exceed  one  hundred. 

Sec.  4.  Senatorial  and  Representative  districts  may  be 
altered  from  time  to  time  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties  they  shall  be  contiguous,  and  the  district 
as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  a  Senatorial  or  Representative  district. 

Sec.  5.  Until  the  State  shall  be  divided  into  Senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article,  said  dis- 
tricts shall  be  constituted  and  numbered  as  follows,  and  shall  be 
entitled  to  the  number  of  Senators  affixed  to  the  districts  re- 
spectively : 

Dis- 
tricts. Counties.  No.  of  Senators. 

1st  Weld   1 

2d    Larimer    1 

3d    Boulder    2 

4th  Gilpin    ' 1 

5th  Gilpin,  Summit  and  Grand 1 

6th  Clear  Creek  2 

7th  Jefferson    1 

8th  Arapahoe    4 

9th  Elbert  and   Bent.  .                                                      ,  1 


CONSTITUTIONAL   CONVENTION.  413 

Dis- 
tricts. Counties.  N<>.  of  Senators. 

Kith  i-:i  Paso  i 

niii  i>o>mia<    l 

li'tli  Park    1 

l.'Iih  Lake    and    Sa.miadie 1 

1  till  Fremont     1 

l.",ili  Pnehlo 1 

Kith  Las  Aninias   2 

ITlh  Hnerfano    1 

isili  rosiilla    1 

r.Mh  Conejos  1 

iMIth  RiotJrande,  II  insdale,  La  Plata  and  San  .Juan ...  1 

Sec.  (;.  Until  an  apportionment  of  Representatives  can  be 
made  in  accordance  with  the  provisions  of  this  article,  they  shall 
be  divided  among  the  several  counties  of  the  State  in  the  follow- 
nianner:  The  comity  of  Arapahoe  shall  have  seven;  the  counties  of 
Boulder  and  Clear  Creek,  each,  four;  the  counties  of  Gilpin  and 
Las  Aninias,  each,  three;  the  counties  of  El  Paso,  Fremont,  Huer- 
fano,  Jefferson,  Pueblo  and  Weld,  each,  two;  the  counties  of  Bent, 
Costilla,  Conejos,  Douglas,  Elbert,  Grand,  Hinsdale.  Larimer,  La 
rial  a.  Lake.  I 'ark,  Rio  Grande,  Summit,  Saguache  and  San  Juan, 
each,  one;  and  the  counties  of  Costilla  and  Conejos,  jointly,  one. 

t)n  motion  of  Mr.  Kennedy,  the  article  on  Congressional  and 
Legislative  Apportionment  was  referred  to  the  Committee  on  Re- 
visions and  Adjustments. 

On  motion  of  Mr.  Thatcher,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  (1om 
niiuee  on  Public  and  Private  Corporations,  and  the  three  addi- 
tional sections  to  the  article  on  Judiciary  offered  by  Mr.  Brom- 
well,  Mr.  Beck  in  the  chair;  and  after  some  time  spent  therein  the 
President  resumed  the  chair  and  Mr.  Beck  reported  that  the  Com- 
mittee of  the  Whole  Convention,  to  whom  was  referred  the  report 
of  the  Committee  on  Public  and  Private  Corporations,  and  the 
additional  sections  to  the  article  on  Judiciary  offered  by  Mr. 
Bromwell,  having,  according  to  order,  had  under  consideration 
said  report,  had  made  some  progress  therein,  and  asked  leave  to 
sit  again  after  regular  order  of  business  to-morrow. 

On  motion  of  Mr.  Crosby,  the  report  was  received  and  leave 
granted  to  sit  again. 

There  being  no  objection,  Mr.  Cushman,  chairman  of  the 
Committee  on  Revenue  and  Finance,  presented  the  report  of  that 
commit  ice.  as  follows  : 

Denver,  Colorado,  24th  February,  1876. 
To  the  Honorable  Joseph  C.  Wilson,   President  Constitutional 

Convention. 

Your  Standing  Committee,  to  whom  was  referred  so  much  of 
the  subject-matter  of  the  Constitution  as  relates  to  Revenue  and 


414  PROCEEDINGS    OF    THE 

Finance,  beg  leave  to  report  that  they  have  had  the  same  under 

consideration  and  submit  the  following: 

Respectfully, 

WM.  H.  CUSHMAN, 
A.  K.  YOUNT, 
JNO.  S.  HOUGH, 
S.  J.  PLUMB, 
L.  C.  ELLSWORTH, 

REVENUE  AND  FINANCE. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year  unless  otherwise  provided  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an. 
annual  tax  sufficient  with  other  resources  to  defray  the  estimated 
expenses  of  the  State  government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  territorial  limits  of  the  authority  levying  the 
tax,  and  shall  be  levied  and  collected  under  general  Jaws  which 
shall  prescribe  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property,  real,  personal  or  possessory  (except 
mines  and  mining  claims) ,  the  net  proceeds  of  which  alone  shall 
be  taxable  for  a  period  of  not  exceeding  two  years  from  the  date 
of  the  adoption  of  this  Constitution,  and  thereafter  as  may  be  pro- 
vided by  law. 

Sec.  4.  The  property,  real  and  personal,  of  the  State,  coun- 
ties, cities,  towns  and  other  municipal  corporations,  and  public 
libraries,  shall  be  exempt  from  taxation. 

Sec.  5.  Lots,  with  the  buildings  thereon,  if  said  buildings 
are  used  solely  and  exclusively  for  religious  worship,  for  schools 
or  for  purely  charitable  purposes,  also  cemeteries  not  used  or  held 
for  private  or  corporate  profit,  may  be  exempt  from  taxation; 
Provided,  Such  exemption  shall  be  only  by  general  law. 

Sec.  6.  All  laws  exempting  property  from  taxation,  other 
than  property  hereinbefore  mentioned,  shall  be  void. 

Sec.  7.  The  General  Assembly  shall  not  impose  taxes  upon 
counties,  cities,  towns  or  other  municipal  corporations,  or  upon 
the  inhabitants  thereof,  for  county,  city,  towns  or  other  municipal 
purposes,  but  may,  by  general  law,  vest  the  corporate  authorities 
thereof  with  the.  power  to  assess  and  collect  taxes  for  such  pur- 
poses. 

Sec.  8.  No  county,  city,  town  or  other  municipal  corpora- 
tions, the  inhabitants  thereof,  or  the  property  therein,  shall  be  re- 
leased or'discharged  from  their  or  its  proportionate  share  of  taxes 
to  be  levied  for  State  purposes. 

Sec.  9.  The  power  to  tax  corporations  and  corporate  prop- 
erty, real  and  personal,  shall  never  be  relinquished  or  suspended 
by  any  contract  or  grant  to  which  the  State  shall  be  a  party. 


CONSTITI    TXONAL    <  M.\\l>NTION.  415 


Bee,  1".  All  corporations  in  this  Stall*  or  doing 
theivin  shall  In*  subject  to  taxation  for  State,  county,  school, 
municipal  and  other  purposes  on  the  real  and  personal  property 
owned  or  used  l»v  them  within  tin*  territorial  limits  of  the  author- 
ity levying  the  tax. 

Sec.  11.  The  State  tax  on  property  shall  never  exceed  six 
mills  on  each  dollar  of  valuation,  and  whenever  the  taxable  prop- 
erty of  the  State  shall  amount  to  one  hundred  million  dollars  ihe 
rate  shall  not  exceed  four  mills  on  each  dollar  of  valuation,  and 
whenever  the  taxable  property  of  the  State  shall  amount  to  three 
hundred  million  dollars  the  rate  shall  never  thereafter  exceed  two 
mills  on  each  dollar  [of]  valuation,  unless  the  proposition  to  in- 
crease such  tax  shall  be  submitted  to  a  vote  of  the  people  and  a 
majority  of  those  who,  in  the  year  next  preceding  such  election, 
shall  have  paid  a  property  tax  assessed  to  them,  shall  vote  in  fa- 
vor thereof,  in  such  manner  as  provided  by  law. 

Sec.  12.  All  moneys  belonging  to  the  State  shall,  immedi- 
ately on  the  receipt  thereof  by  the  State  Treasurer,  be  deposited 
to  the  credit  of  the  State  in  such  bank  or  banks  as  he  may  select 
with  the  approval  of  the  Governor  and  Attorney  General,  such 
bank  or  banks  giving  security  satisfactory  to  the  Governor  and 
Attorney  General  for  the  safe  keeping  and  payment  of  such  de- 
posit whenever  demanded  by  the  State  Treasurer  on  his  check; 
such  bank  to  pay  a  bonus  for  the  use  of  such  deposit  ;  such  bonus 
to  be  not  less  than  paid  by  other  banks  for  similar  deposits  ;  and 
the  same,  together  with  all  (such)  interest  and  profit  as  may 
accrue  thereon,  shall  be  disbursed  by  said  Treasurer  for  the  pur- 
poses of  the  State  upon  warrants  drawn  by  the  State  Auditor 
according  to  law,  and  not  otherwise. 

Sec.  13.  The  Treasurer  shall  keep  a  separate  account  of  the 
funds  and  the  number  and  amount  of  warrants  received  and  from 
whom,  and  shall  publish,  in  such  manner  as  the  Governor  may 
designate,  a  quarterly  statement  showing  the  amount  of  State 
moneys,  and  where  the  same  are  kept  or  deposited. 

Sec.  14.  The  making  of  profit  out  of  the  State,  county,  city, 
town  or  school  district  money  or  using  the  same  for  any  purpose 
not  authorized  by  law  by  any  public  officer  shall  be  deemed  a 
felony,  and  shall  be  punished  as  provided  by  law. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for  the 
payment  of  the  corporate  debt  of  municipal  corporations. 

Sec.  16.  Every  law  enacted  by  the  General  Assembly  creat- 
ing a  debt  or  authorizing  a  loan  shall  provide  for  a  sinking  fund 
for  the  payment  of  such  debt  or  loan  within  a  period  not  exceeding 
twenty  and  not  less  than  fifteen  years.  After  the  payment  of  the 
debt  for  which  such  sinking  fund  has  been  provided,  the  balance, 
if  any,  to  the  credit  of  the  fund,  shall  immediately  be  placed  to  the 
credit  of  the  general  fund  of  the  State. 

Sec.  17.  There  shall  be  a  State  Board  of  Equalization,  con- 
sisting of  the  Governor,  State  Auditor,  State  Treasurer,  Secretary 


416  PROCEEDINGS    OF    THE 

of  State  and  Attorney  General ;  also,  in  each  county  of  this  State, 
a  county  board  of  equalization,  consisting  of  the  board  of  County 
commissioners  of  said  county.  The  duty  of  the  State  Board  of 
Equalization  shall  be  to  adjust  and  equalize  the  value  of  real  and 
personal  property  among  the  several  counties  of  the  State.  The 
duty  of  the  county  board  of  equalization  shall  be  to  adjust  and 
equalize  the  valuation  of  real  and  personal  property  within  their 
respective  counties.  Each  board  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

On  motion  of  Mr.  Stone,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  further  consideration. 

On  motion  of  Mr.  Douglas,  the  Convention  adjourned  until 
9  o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL   CONVENTION.  417 


FRIDAY,  FEBRUARY  25TH,  1876,  9  O'CLOCK  A.  M. 

Coin  mi  inn    met    pursuant  to  adjournment. 

Knll    railed. 

Absent — Messrs.  Barela,  Boyles,  Carr,  Garcia,  Hurd,  Pease, 
Rockwell,  Stone.  Stover,  Thatcher,  Webster  and  White. 

The  .Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
reports  of  the  Standing  Committees  be  dispensed  with,  which  was 
agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same  ap- 
proved. 

Messrs.  Webster,  Rockwell  and  Hurd  appeared  and  took  their 
seats. 

Mr.  Wells  gave  notice  that  he  would  on  the  first  proximo,  or 
at  some  subsequent  day,  move  to  reconsider  the  vote  by  which 
s<(  lion  15  of  the  article  upon  Education  and  Educational  Insti- 
tutions was  adopted. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  reported 
back  to  the  Convention  the  report  of  the  Committee  on  Revenue 
and  Finance  as  correctly  printed. 

There  being  no  objection,  the  report  was  received  and  filed  by 
the  Secretary. 

Mr.  Wells,  chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, presented  a  report  of  that  committee  as  follows,  which 
on  his  own  motion  was  laid  upon  the  table  for  future  considera- 
tion : 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention. 

The  Committee  upon  Revision  and  Adjustments,  having  had 
under  consideration  the  article  on  State  Institutions  and  Build- 
ings, respectfully  report  the  same  back,  and  recommend  sundry 
emendations  as  follows,  all  of  which  is  respectfully  submitted : 

E.  T.  WELLS, 

Chairman. 
February  25,  A.  D.  1876. 

STATE  INSTITUTIONS  AND  BUILDINGS. 

Section  1 :  Strike  out,  in  lines  1  and  2,  the  words  "and  such 
as  are  educational,  reformatory  and  penal;"  insert  before  the 
word  "institutions,"  in  the  first  line,  the  words  "educational,  re- 
formatory and  penal;"  after  the  word  "institutions,"  in  the  same 
line,  the  words  "and  those;"  also,  insert  in  the  same  line,  between 
the  words  "deaf"  and  "mute,"  the  word  "and." 

14 


418  PROCEEDINGS    OF    THE 

Section  2:  Stricken  out  because  provided  for  in  section  7, 
article  on  Executive  Department. 

Section  3 :  To  be  consolidated  with  section  10,  article  on 
Ed/ucation  and  Educational  Institutions. 

Section  4 :  Insert  in  the  fourth  line,  after  the  word  "votes," 
the  words  "upon  said  question ;"  in  the  sixth  line  strike  out  the 
word  "is"  after  the  word  "there"  and  insert  the  words  "shall  be ;" 
also,  in  the  same  line,  strike  out  the  words  "the  two  places  hav- 
ing the,"  and  insert  after  the  word  "election"  the  words  "the 
question  of  choice  between  the  two  places  for  which  the ;"  also,  in 
the  sixth  and  seventh  lines  the  words  "cast  at  said  election  for 
location  of  the  seat  of  government"  to  be  stricken  out,  and  the 
words  "shall  have  been  cast"  inserted;  also,  in  the  eighth,  insert 
after  the  words  "State  at  the"  the  word  "next;"  and  strike  out 
after  the  words  "general  election"  the  words  "then  next  ensuing." 

Section  5 :  Strike  out  in  the  second  line  the  word  "legal" 
and  insert  the  word  "qualified;"  strike  out  in  the  third  line  the 
word  "some,"  insert  the  word  "a." 

Section  6:     Approved. 

Section  7:  Strike  out  in  the  eighth  line,  after  the  word 
"until,"  the  words  "such  time  as ;"  strike  out  the  word  "such,"  in 
the  same  line,  and  insert  the  word  "proper;"  strike  out  in  the 
same  line  and  ninth  line  the  words  "as  may  be  necessary;"  strike 
out  in  the  ninth  line,  after  the  words  "together  with  the,"  the 
word  "management"  and  insert  the  word  "control." 

Messrs.  Carr,  Yount,  Stover,  Thatcher,  Boyles,  White  and 
Stone  appeared  and  took  their  seats. 

On  motion  of  Mr.  Webster,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  further  consider  the  report  of  the 
Committee  on  Public  and  Private  Corporations  and  the  three  ad- 
ditional sections  to  the  article  on  Judiciary  offered  by  Mr.  Brom- 
well,  Mr.  Beck  in  the  chair ;  and  after  some  time  spent  therein  the 
President  resumed  the  chair  and  Mr.  Beck  reported  that  the  Com- 
mittee of  the  Whole  Convention,  to  whom  was  referred  the  report 
of  the  Committee  on  Public  and  Private  Corporations  and  the 
three  additional  sections  to  the  article  on  Judiciary,  having,  ac- 
cording to  order,  had  under  consideration  said  report  and  sec- 
tions, had  made  further  progress  therein  and  asked  leave  to  sit 
again  at  2  o'clock. 

On  motion  of  Mr.  Webster  the  report  was  received  and  leave 
granted  to  sit  again  at  2  o'clock. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned  until  2 
o'clock  p.  m.  

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 


CONST i  ii  Ti <>N A i.  CONVENTION,  419 

. \l»sciii  .Messrs.  Barela,  BoyN-s,  (inn-ia,  Hurd,  Head.  I  Vase 
and  Stnvcr. 

There  being  no  objection.  Mr.  Vnunt.  chairman  of  the  Com- 
mittee on  Accounts  and  Kxp«  nditures  of  the  Convention,  pre- 
sented the  following  report : 

Denver,  February  24,  1876. 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado : 

Gentlemen — Your  Committee  on  Accounts  and  Expenditures 
of  the  Convention  beg  leave  to  make  the  following  report  in  the 
statement  of  the  accounts  as  presented  herewith. 

A.  K.  YOUNT, 
F.  J.  EBERT, 

Committee, 
Casimiro  Barela — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
George  Boyles — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

1315.00 

H.  P.  H.  Bromwell— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
W.  E.  Beck- 
By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .  75.00 


$315.00 
Byron  L.  Carr— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .  75.00 


$315.00 
William  M.  Clark— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate * 75.00 

$315.00 
W.  H.  Cushman— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate ' 75.00 

$315.00 


420  PROCEEDINGS    OF    THE 

A.  D.  Cooper — 

By  65  days,  @  |6  per  day 1390.00 

To  cash  certificate 75.00 

1315.00 
Henry  K.  Crosby — 

By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate ". 75.00 

1315.00 
Robert  Douglas — 

By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate  .  75.00 


$315.00 
L.  C.  Ellsworth— 

By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate  .  75.00 


$315.00 
C.  P.  Elder— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .  75.00 


$315.00 
F.  J.  Ebert— 

By  65  days,  @  $6  per  d,ay $390.00 

To  cash  certificate 75.00 

$315.00 
W.  B.  Felton— 

By  65  days,  @  $6  per  day .$390.00 

To  cash  certificate  .  75.00 


$315.00 
J.  M.  Garcia— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
Daniel  Hurd— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 

John  S.  Hough- 
By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$31.5.00 


CONSTITUTIONAL   CONVENTION.  421 

Lafayette  Head 

By  65  days,  (ai  $6  per  day $390.00 

To  cash  certificate 75.00 

fSlC.OO 

Wm.  H.  JaiiK's 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate ". 75.00 

$315.00 
Wm.  R.  Kennedy— 

By  65  days,^@  $6  per  day $390.00 

To  cash  certificate  . .  75.00 


$315.00 
Wm.  Lee — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
Alvin  Marsh — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
Wm.  H.  Meyer — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate "  75.00 


$315.00 
S.  J.  Plumb- 
By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
George  Pease — 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .  75.00 


$315.00 
Robert  A.  Quillian — 

By  65  days,  (^  $6  per  day $390.00 

To  cash  certificate 75.00 


$315.00 
L.  C.  Rockwell— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 


422  PROCEEDINGS    OF    THE 

Wilbur  F.  Stone- 
By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate  .  75.00 


1315.00 
W.  C.  Stover— 

By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate 75.00 

1315.00 
Henry  C.  Thatcher— 

By  65  days,  @  $6  per  day 1390.00 

To  cash  certificate 75.00 

$315.00 
Agapito  Vigil— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
W.  W.  Webster— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .' 75.00 

$315.00 
G.  G.  White— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 
E.  T.  Wells— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate  .  75.00 


$315.00 
P.  P.  WTilcox— 

By  65  days,  @  $6  per  day $390.00 

To  cash  certificate 75.00 


$31E.OC 
John  S.  Wheeler— 

By  65  days  @  $6  per  day $390.00 

To  cash  certificate 75.00 


$315.00 
J.  W.  Wldderfield— 

By  65  days  @  $6  per  day $390.00 

To  cash  certificate 75.00 

$315.00 


(  <  >  \  s  I  I  I  ITIONAL   0»  \  \  i ;  \  n  o  N . 


A.  K.  Yount— 

U.\  <>5  days  @  $<i  per  day $390.00 

T<>  cash  certificate ". 75.00 

$315.00 
J.  C.  Wilson,  President— 

By  65  days  @  $10  per  day $650.00 

To  cash  certificate 75.00 

$575.00 

\Y.  \V.  Coulson,  Clerk- 
By  65  days  @  $8  per  day $520.00 

To  cash  certificate *. 75.00 

$445.00 
Herbert  Stanley,  Clerk  1st  Assistant — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate 75.00 

$250.00 
H.  A.  Terpening,  Clerk  2d  Assistant— 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate 75.00 

$250.00 
R.  A  Kirker,  Convention  Clerk  and  P.  M. — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate 75.00 

$250.00 
F.  J.  Stanton,  Engrossing  and  Enrolling  Clerk — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate 75.00 

$250.00 
A.  H.  Barker,  Sergeant-at-Arms — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate ". 75.00 

$250.00 
Andrew  Schmidt,  Doorkeeper — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate 75.00 

$250.00 
Clay  Forbes,  Janitor — 

By  65  days  @  $5  per  day $325.00 

To   cash   certificate. .  45.00 


$280.00 


424  PROCEEDINGS   OF   THE 

Garmio  Pando,  Fireman— 

By  65  days  @  $5  per  day 1325.00 

To  cash  ^certificate 30.00 

1295.00 

Willie  McCord,  Page- 
By  51  days  @  $5  per  day 1255.00 

To  cash  certificate 30.00 


$225.00 
Robert  Frreatz,  Page — 

By  65  days  @  $5  per  day $325.00 

To  cash  certificate..  30.00 


295.00 
D.  F.  Wilkins,  Interpreter — 

By  5iy2  days  @  $7  per  day $360.50 

To  cash  certificate  (paid  February  14,  1876)     75.00 


285.00 
C.  Dominguez,  Interpreter — 

By  91/2  days  @  $7  per  day 66.50 

Monty  Kock — 

By  3  days  @  $5  per  day 15.00 

On  motion  of  Mr.  Clark,  the  report  was  received. 

Mr.  Hough  moved  that  the  report  be  recommitted  to  the 
Committee  on  Accounts  and  Expenditures  of  Convention,  with 
instructions  to  inquire  into  and  report  to  the  Convention  (he 
amount  owing  by  the  Convention  for  printing,  stationery,  and 
other  expenses. 

Mr.  Crosby  moved  to  amend  the  motion  of  Mr.  Hough  by 
further  instructing  the  committee  to  inquire  into  and  report  the 
amount  due  to  each  member  for  mileage. 

And,  the  question  being  upon  the  motion  of  Mr.  Crosby  to 
amend  the  motion  of  Mr.  Hough,  and,  being  put,  it  was  agreed 
to. 

So  the  Convention  recommitted  the  report  to  the  Commit- 
tee on  Accounts  and  Expenditures  of  Convention,  with  instruc- 
tions to  inquire  and  report  as  above. 

Mr.  Clark  offered  the  following  resolution,  and  moved  its 
adoption: 

Resolved,  That  the  Committee  on  Accounts  and  Expendi- 
tures of  Convention  be  instructed  to  inquire  and  report  to  this 
Convention  the  number  of  days  each  member  has  been  in  at- 
tendance at  this  session,  with  a  view  of  apportioning  the  funds 
appropriated  in  that  ratio. 

Mr.  Wells  moved  to  amend  the  resolution  by  striking  out 
the  words  "with  the  view  of,"  and  inserting  in  lieu  the  word 
"and." 


CONSTITUTIONAL   CONVENTION.  425 

Which  amendment   was  accepted  by  Mr.  Clark. 

And,  the  question  bring  on  the  motion  of  Mr.  Clark  to 
adopt  the  resolution,  and,  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  adopt  the  resolution  offered 
by  Mr.  Clark. 

On  motion  of  Mr.  Thatcher,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  further  consider  the  report  of 
the  Committee  on  Public  and  Private  Corporations  and  the 
three  additional  sections  to  the  article  on  Judiciary  offered  by 
Mr.  Bromwell,  Mr.  Beck  in  the  chair;  and,  after  some  time  spent 
therein,  the  President  resumed  the  chair,  and  Mr.  Beck  submitted 
the  following  report: 

Denver,  February  25,  1870. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado. 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Public  and 
Private  Corporations,  and  the  three  additional  sections  to  the 
article  on  Judiciary  introduced  by  Mr.  Bromwell,  having,  ac- 
cording to  order,  had  under  consideration  said  report  and  sec- 
tions, have  directed  me  to  report  back  the  article  on  Public  and 
Private  Corporations,  with  sundry  amendments  thereto,  and  ask 
the  concurrence  of  the  Convention  therein,  in  the  words  following : 

PUBLIC  AND  PRIVATE  CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges,  under  which  a  bona  fide  organization  shall 
not  have  taken  place  and  business  been  commenced  in  good 
faith  at  the  time  of  the  adoption  of  this  Constitution,  shall 
thereafter  have  no  validity. 

Sec.  2.  No  corporation  shall  be  created  by  special  laws, 
or  its  charter  extended,  changed  or  amended,  except  such  mu- 
nicipal, charitable,  educational,  penal  or  reformatory  corpora- 
tions as  are  or  may  be  under  the  patronage  or  control  of  the 
State;  but  the  General  Assembly  shall  provide  by  general  laws 
for  the  organization  of  all  corporations  hereafter  to  be  created. 

Sec.  3.  The  General  Assembly  shall  have  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  now  existing  and 
revocable  at  the  adoption  of  this  Constitution,  or  any  that  may 
hereafter  be  created,  whenever  in  their  opinion  it  may  be  in- 
jurious to  the  citizens  of  this  State,  in  such  manner,  however, 
that  no  injustice  shall  be  done  to  the  corporation. 

Sec.  4.  All  railroads  shall  be  public  highways,  and  all 
railroad  companies  shall  be  common  carriers.  Any  association 
or.  corporation  organized  for  the  purpose  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  designated 
points  within  this  State,  and  to  connect  at  the  State  line  with 
railroads  of  other  States  and  Territories.  Every  railroad  com- 


426  PROCEEDINGS    OF    THE 

pany  shall  have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other  railroad. 

Sec.  5.  No  railroad  corporation,  or  the  lessees  or  managers 
thereof,  shall  consolidate  its  stock,  property  or  franchises  with 
any  other  railroad  corporation  owning  or  having  under  its  con- 
trol a  parallel  or  competing  line. 

Sec.  6.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported 
over  railroads  in  this  State,  and  no  undue  or  unreasonable  dis- 
crimination shall  be  made  in  charges  or  in  facilities  for  trans- 
portation of  freight  or  passengers  within  the  State,  and  no  rail- 
road company,  or  any  lessee  or  employe  thereof,  shall  give  any 
preference  to  individuals,  associations  or  corporations  in  fur- 
nishing cars  or  motive  power. 

Sec.  7.  No  railroad  or  other  transportation  company  in 
existence  at  the  time  of  the  adoption  of  this  article  shall  have 
the  benefit  of  any  future  legislation  without  first  filing  in  the 
office  of  the  Secretary  of  State  an  acceptance  of  the  provisions 
of  this  Constitution  in  binding  form. 

Sec.  8.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  or  so  construed  as  to  prevent  the  General 
Assembly  from  taking  the  property  and  franchises  of  incorpo- 
rated companies  and  subjecting  them  to  public  use,  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police  power 
of  the  State  shall  never  be  abridged  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well  being 
of  the  State. 

Sec.  9.  No  corporation  shall  issue  stock  or  bonds  except 
for  labor  done,  service  performed  or  money  or  property  actually 
received,  and  all  fictitious  increase  of  stock  or  indebtedness  shall 
be  void.  The  stock  of  corporations  shall  not  be  increased  ex- 
cept in  pursuance  of  general  law,  nor  without  the  consent  of 
the  persons  holding  the  majority  of  the  stock,  first  obtained  at 
a  meeting  to  be  held  after  at  least  thirty  days'  notice  given  in 
pursuance  of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  business, 
and  an  authorized  agent  or  agents  in  the  same  upon  whom 
process  may  be  served. 

Sec.  11.  No  street  railroad  shall  be  constructed  within  any 
city,  town  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway 
proposed  to  be  occupied  by  such  street  railroad. 

Sec.  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation,  or  any  individual  or 
association  of  individuals,  retrospective  in  its  operation,  or 
which  imposes  on  the  people  of  any  county  or  municipal  sub- 


>NSH  i  i  nONAL   .  "\\  I;\TI.»\.  J'JT 

division  of  the  Stale  a  new  liability  in  respect  to  transactions  or 
considerations  already  past. 

Sec.  13.  All  railroad  companies  organized  under  the  pro 
visions  of  this  article  shall  have  the  power  and -authority  to 
borrow  money  for  the  purpose  of  aiding  in  the  construction, 
operation  and  maintenance  of  their  road,  at  such  rates  of  in- 
terest as  shall  be  agreed  upon  by  the  trustees  or  directors  of 
said  company,  not  exceeding  ten  per  centum  per  annum,  and  to 
execute  trust  deeds  or  mortgages  in  their  discretion  upon  the 
road  of  said  company,  its  depots,  depot  grounds,  rolling  stock 
(which  shall  be  considered  realty  for  the  purpose  of  such  trust 
deeds  or  mortgages),  and  such  other  property  or  lands  as  it  shall 
be  lawfully  possessed  of,  with  power  of  sale  to  secure  the  pay- 
ment of  such  loan  or  loans. 

Sec.  14.  Dues  from  corporations  shall  be  secured  by  such 
(method)  as  may  be  prescribed  by  law,  but  in  no  case  shall  any 
stockholder  be  individually  liable  in  any  amount  over  or  above 
the  amount  of  unpaid  stock  owned  by  him  or  her. 

.  Sec.  15.  Any  association  or  corporation,  or  the  lessees  or 
managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  tele- 
graph within  the  State  and  to  connect  the  same  with  other  lines, 
and  the  General  Assembly  shall,  by  general  laws  of  uniform 
operation,  provide  reasonable  regulations  to  give  full  effect  to 
this  section.  No  telegraph  company  shall  consolidate  with  or 
hold  a  controlling  interest  in  the  stock  or  bonds  of  any  other 
telegraph  company  owning  or  having  the  control  of  a  competing 
line  or  acquire  by  purchase  or  otherwise  any  other  competing 
line  of  telegraph. 

Sec.  16.  If  any  railroad,  telegraph,  express  or  other  cor- 
poration organized  under  any  of  the  laws  of  this  State  shall 
consolidate  by  sale  or  otherwise  with  any  railroad,  telegraph, 
express  or  other  corporation  organized  under  any  law  of  any 
other  State  or  Territory,  or  of  the  United  States,  the  same  shall 
not  thereby  become  a  foreign  corporation;  but  the  courts  of 
this  State  shall  retain  jurisdiction  over  that  part  of  the  corpo- 
rate property  within  the  limits  of  this  State  in  all  matters  which 
may  arise,  as  if  said  consolidation  had  not  taken  place. 

The  Committee  of  the  Whole  Convention  have  further  di- 
rected me  to  report  that  the  three  additional  sections  to  the 
article  on  Judiciary  have  been  stricken  out,  and  a  substitute  for 
section  4  inserted  in  lieu,  as  follows,  in  which  they  ask  the  con- 
currence of  the  Convention: 

Sec.  4.  The  District  Courts  shall  have  original  jurisdiction 
to  determine  all  controversies  upon  relation  of  any  person  on 
behalf  of  the  people  of  the  State  concerning  the  rights,  duties 
and  liabilities  of  railroads,  telegraph  or  toll  road  companies  or 
corporations. 


428  PROCEEDINGS    OF    THE 

Also,  that  an  additional  section  was  offered  by  Mr.  Brom- 
well  in  Committee  of  the  Whole,  as  follows,  but  was  rejected  by 
the  committee: 

Sec.  — .  Every  toll  road,  telegraph  and  railroad  corpora- 
tion shall  be  held  liable  to  do  and  perform  all  acts  and  render 
all  services  contemplated  by  its  charter  to  be  done,  performed 
or  rendered  at  just  and  reasonable  rates  of  charges  in  all  cases; 
and  the  General  Assembly  shall  by  law  provide  against  extor- 
tion, unwarrantable  charges  and  unjust  discrimination  in 
charges  by  any  railroad  corporation  for  transporting  passengers 
or  freight,  or  by  any  telegraph  company  for  transmitting  mes- 
sages, or  by  any  toll  road  corporation  for  the  use  of  its  road  by 
individuals. 

WM.  E.  BECK, 

Chairman. 

On  motion  of  Mr.  Rockwell,  the  report  was  received  and 
laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Yount,  the  consideration  of  the  report  of 
the  Committee  on  Revenue  and  Finance  was  made  the  special 
order  for  Monday  next  after  regular  order  of  business. 

On  motion  of  Mr.  Plumb,  the  consideration  of  the  report  of 
the  Committee  on  Schedule  was  made  the  special  order  for  to- 
morrow after  regular  order  of  business.  • 

Mr.  Wilcox  asked  for  leave  of  absence  until  Tuesday  next, 
which,  on  motion  of  Mr.  Hough,  was  granted. 

On  motion  of  Mr.  Webster,  the  Convention  adjourned  until 
9  o'clock  a.  m.  to-morrow. 


CONSTITUTIONAL   CONVENTION.  429 


SATIKI>AY,  FI:I;KIAKY  LM;,  <i  OVLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

l'r;i\rr  \\;is  offered  by  Rev.  Mr.  Frost. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Felton,  Garcia,  Hurd, 
Hough,  Pease,  Rockwell,  White,  Wilcox  and  Widderfield. 

The  Journal  having  been  partially  read,  Mr.  Meyer  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the 
report  of  the  Committee  on  Accounts  and  Expenditures  be  dis- 
pensed with,  which  was  agreed  to. 

The  remainder  of  the  Journal  was  then  read,  and  the  same 
approved. 

Mr.  Wells  asked  for  leave  of  absence  during  the  forenoon, 
which  was  granted. 

Mr.  Thatcher  asked  for  leave  of  absence  during  the  fore- 
noon, which  wras  granted. 

On  motion  of  Mr.  Wells,  the  special  order  for  this  hour,  viz., 
the  consideration  of  the  report  of  the  Committee  on  Schedule, 
was  discharged. 

Messrs.  White,  Stone  and  Hurd  appeared  and  took  their 
stats. 

On  motion  of  Mr.  Wells,  the  consideration  of  the  articles  on 
"Militia,"  "Future  Amendments,"  "Executive  and  Officers,"  and 
"Oath  of  Office,"  as  reported  to  the  Convention  by  the  Commit- 
tee on  Revisions  and  Adjustments,  was  made  the  special  order 
for  this  afternoon,  at  2  o'clock. 

Mr.  White  asked  for  leave  of  absence  after  10  o'clock  this 
forenoon,  which  was  granted. 

On  motion  of  Mr.  Webster,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Rights  of  Suffrage  and  Elections 
was  taken  from  the  table. 

Mr.  Webster  moved  that  the  report  be  considered  by  sec- 
tions, which  was  agreed  to. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  the 
amendments  to  section  1  as  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  word  "six,"  in  the  fourth  line, 
and  insert  in  lieu  the  word  "four;"  also,  to  add  to  the  section  the 
words  "Every  such  qualified  elector  shall  be  eligible  to  hold  any 
office  within  such  district." 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  section  1 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  concurred  in  the 
amendments  to  section  2  as  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  in  the  first  line,  after  the  word  "Assem- 


430  PROCEEDINGS    OF    THE 

bly,"  the  words  "shall,  at  its  first  session  after  the  adoption  of 
this  Constitution,  and;"  also,  to  insert  the  word  "thereafter;" 
after  the  word  "time"  in  the  same  line. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Elder  moved  that  section  3  be  amended  by  striking  out 
the  figures  and  words  "ninety"  (1890)  wherever  they  occur,  and 
inserting  in  lieu  the  words  and  figures  "eighty-five"  (1885). 

And,  the  question  being  upon  the  motion  of  Mr.  Elder  to 
amend  section  3,  and,  being  put,  it  was  decided  in  the  negative. 
Ayes,  11;  noes,  16. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Carr,  Cushman,  Clark,  Ellsworth,  Elder, 
James,  Marsh,  Plumb,  Webster,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Beck, 
Cooper,  Douglas,  Hurd,  Head,  Kennedy,  Lee,  Meyer,  Quillian, 
Stone,  Stover,  Thatcher,  Vigil,  White,  Wheeler. 

So  the  Convention  refused  to  concur  in  the  amendment  to 
section  3  offered  by  Mr.  Elder. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  3 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Bromwell  moved  to  amend  section  4  by  inserting  in 
first  line,  after  the  word  "voting,"  the  words  "and  eligibility 
to  office,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Bromwell 
to  amend  section  4. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  5 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Cooper,  the  Convention  concurred  in  the 
amendments  to  section  6  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  all  of  the  section  after  the  word 
"who,"  in  the  first  line,  and  insert  in  lieu  the  words  "does  not 
possess  all  the  qualifications  of  an  elector  as  prescribed  in  sec- 
tion 1  of  this  article." 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 
6  as  reported  by  the  Committee  of  the  W^hole. 

Mr.  Webster  moved  to  amend  section  7  by  striking  out  the 
words  and  figures  "one  thousand  eight  hundred  and  seventy- 
£ight  (1878),"  in  the  third  line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Webster. 

Mr.  Bromwell  moved  to  amend  section  7  by  striking  out 
the  words  "of  all  officers  except  as  herein  otherwise  provided," 
iii  the  first  line,  which  was  agreed  to. 


coNonnrnoHAL  CONVENTION. 

Sn  (ln>  ('onvniii -mirum-ii  in  the  amendment  nllVred  by 

Mr.  r»r<  mi  well. 

Mr.  Plumb  moved  tn  ami-mi  S<T|'MHI  7  by  striking  out  the 
word  "Miid,"  in  third  line,  and  inserting  in  lieu  the  words  "one 
thousand  eiuht  hundred  and  s. -veiny  s.-\en  (1877),  and  one  thou- 
sand fight  hundred  and  si-\  <-m\  .-inlit  (1878),  and  annually," 
\\hirh  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Plumb. 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section  7 
MS  reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Beck  moved  to  amend  section  8  by  striking  out  the 
\\nnl  "voter,"  in  the  fourth  line,  and  inserting  in  lieu  the  word 
"elector,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
.Mr.  Beck. 

Mr.  Stone  moved  the  adoption  of  section  8  as  reported  by 
the  Committee  of  the  .Whole  as  amended. 

And,  the  question  being  upon  the  motion  of  Mr.  Stone  to 
adopt  section  8,  and,  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  15;  noes,  8. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs  Beck,  Bromwell,  Carr,  Cushman,  Clark, 
Cooper,  Douglas,  Ebert,  Hurd,  Head,  Marsh,  Stone,  Vigil,  Web- 
ster, Wheeler. 

Those  voting  in  the  negative  are:  Messrs.  Ellsworth,  Elder, 
James,  Lee,  Plumb,  Quillian,  Stover,  Mr.  President. 

So  the  Convention  adopted  section  8  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  9  as 
reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
amendment  to  section  10  as  reported  by  the  Committee  of  the 
\Vhole,  viz.:  To  add  to  the  section  the  words  "except  as  other- 
wise provided  in  this  Constitution." 

Mr.  Cooper  moved  to  amend  section  10  by  striking  out  the 
words,  in  third  and  fourth  lines,  "or  by  virtue  of  having  served 
nut  his  full  term  of  imprisonment." 

And,  the  question  being  upon  the  motion  of  Mr.  Cooper  to 
strike  out,  and,  being  put,  it  was  decided  in  the  negative.  Ayes, 
4;  noes,  19. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Cooper,  Plumb,  Stover,  Wheeler. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Beck, 
<'arr,  Cushman,  Clark,  Douglas,  Ellsworth,  Elder,  Ebert,  Hurd, 
Head,  James,  Lee,  Marsh,  Quillian,  Stone,  Vigil,  Webster,  Mr, 
President. 


432  PROCEEDINGS    OF    THE 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Cooper. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

10  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Stone  moved  to  amend  section  11  by  striking  out  the 
word  "preserve,"  in  the  first  line,  and  inserting  in  lieu  the  word 
"secure,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Stone. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section 

11  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

12  as  reported  by  the  Committee  of  the  Whole. 

So  the  Convention  adopted  the  article  on  Rights  of  Suffrage 
and  Elections  in  the  words  following: 

ARTICLE. 
RIGHTS  OF  SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  person  over  the  age  of  twenty-one 
years  possessing  the  following  qualifications  shall  be  entitled  to 
vote  at  all  elections: 

First.  He  shall  be  a  citizen  of  the  United  States,  or,  not 
being  a  citizen  of  the  United  States,  he  shall  have  declared  his 
intention  to  become  such  citizen,  according  to  law,  not  less  than 
four  months  before  he  offers  to  vote. 

Second.  He  shall  have  resided  in  the  State  six  months  im- 
mediately preceding  the  election  at  which  he  offers  to  vote,  and 
in  the  county,  city,  town,  ward  or  precinct  such  time  as  may  be 
prescribed  by  law;  Provided,  however,  That,  in  all  elections  for 
district  school  officers,  and  in  voting  upon  all  questions  relating 
to  public  schools  within  such  district,  there  shall  be  no  distinc- 
tion on  account  of  sex.  Every  such  qualified  elector  shall  be 
eligible  to  hold  any  office  within  such  district. 

Sec.  2.  The  General  Assembly  shall,  at  its  first  session 
after  the  adoption  of  this  Constitution,  and  may  at  any  time 
thereafter,  extend  by  law  the  right  of  suffrage  to  persons  not 
herein  enumerated;  but  no  such  law  shall  take  effect  or  be  in 
force  until  the  same  shall  have  been  submitted  to  a  vote  of  the 
people  at  a  general  election  and  approved  by  a  majority  of  all 
the  votes  cast  for  and  against  such  law. 

Sec.  3.  The  General  Assembly  may  prescribe  by  law  an  edu- 
cational qualification  for  electors,  but  no  such  law  shall  take 
effect  or  be  in  force  prior  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety  (1890)  ;  and  no  person  who  shall  be  a 
qualified  elector  prior  to  the  year  one  thousand  eight  hundred 
and  ninety  (1890)  shall  be  disqualified  by  virtue  of  such  law. 


CONSTITUTIONAL   <  <>.\ vi:\TION  433 

Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  office, 
IKI  person  shall  be  deemed  to  have  gained  a  residence  by  reason 
of  his  presence  or  lost  it  by  reason  of  his  absence  while  em- 
ployed in  the  service,  either  civil  or  military,  of  this  State  or  of 
the  United  States,  nor  while  a  student  of  any  institution  of 
learning,  nor  while  kept  in  any  poor  house  or  other  asylum  at 
public  expense,  nor  while  confined  in  public  prison. 

Sec.  5.  Voters  shall,  in  all  cases  except  treason,  felony 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  elections  and  in  going  to  and  returning  therefrom. 

Sec.  6.  No  person  shall  be  elected  or  appointed  to  any  civil 
or  military  office  in  this  State  who  does  not  possess  all  the  quali- 
fications of  any  [an]  elector,  as  prescribed  in  section  1  of  this 
article. 

Sec.  7.  The  general  election  shall  be  held  on  the  first  Tues- 
day of  October,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-six  (1876),  one  thousand  eight  hundred  and 
seventy-seven  (1877),  and  one  thousand  eight  hundred  and  sev- 
enty-eight (1878),  and  annually  thereafter,  as  may  be  provided 
by  law. 

Sec.  8.  All  elections  by  the  people  shall  be  by  ballot. 
Every  ballot  voted  shall  be  numbered  in  the  order  in  which  it 
shall  be  received,  and  the  number  be  recorded  by  the  election 
officers  on  the  list  of  voters  opposite  the  name  of  the  voter  who 
presents  the  ballot.  The  election  officers  shall  be  sworn  or 
affirmed  not  to  disclose  how  any  elector  shall  have  voted,  unless 
required  to  do  so  as  witnesses  in  a  judicial  proceeding;  Pro- 
vided, That,  in  all  cases  of  contested  elections,  the  ballots  cast 
may  be  counted,  compared  with  the  list  of  voters,  and  examined 
under  such  safeguards  and  regulations  as  may  be  prescribed  by 
law. 

Sec.  9.  In  trials  of  contested  elections,  and  for  offenses 
arising  under  the  election  law,  no  person  shall  be  permitted  to 
withhold  his  testimony  on  the  ground  that  it  may  criminate 
himself  or  subject  him  to  public  infamy;  but  such  testimony 
shall  not  afterward  be  used  against  him  in  any  judicial  proceed- 
ing, except  for  perjury  in  giving  such  testimony. 

Sec.  10.  No  person  while  confined  in  any  public  prison  shall 
be  entitled  to  vote  at  any  election  under  the  laws  of  this  State; 
but  every  such  person  who  was  a  qualified  elector  prior  to  such 
imprisonment,  and  who  is  released  therefrom  by  virtue  of  a 
pardon  or  by  virtue  of  having  served  out  his  full  term  of  im- 
prisonment, shall,  without  further  action,  be  invested  with  all 
the  rights  of  citizenship,  except  as  otherwise  provided  in  this 
Constitution. 

Sec.  11.  The  General  Assembly  shall  pass  laws  to  secure 
the  purity  of  elections  and  guard  against  abuses  of  the  election 
franchise. 


434  t  PROCEEDINGS    OF    THE 

Sec.  12.  The  General  Assembly  shall  by  general  law  desig- 
nate the  courts  and  judges  by  whom  the  several  classes  of  elec- 
tion contests  not  herein  provided  for  shall  be  tried,  and  regu- 
late the  manner  of  trial  and  all  matter  incident  thereto;  but  no 
such  law  assigning  jurisdiction  or  regulating  its  exercise  shall 
apply  to  any  contest  arising  out  of  an  election  held  before  its 
passage. 

Messrs.  Eockwell  and  Hough  appeared,  and  took  their  seats. 

On  motion  of  Mr.  Beck,  the  article  on  Rights  of  Suffrage 
and  Elections  as  adopted  by  the  Convention  was  ordered  en- 
grossed and  referred  to  the  Committee  on  Revisions  and  Adjust- 
ments. 

On  motion  of  Mr.  Quillian,  the  report  of  the  Committee  of 
the  Whole  on 'the  article  on  State,  County  and  Municipal  In- 
debtedness was  taken  from  the  table. 

Mr.  Hough  moved  that  the  article  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 
1  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in  the 
amendments  to  section  2  as  reported  by  the  Committee  of  the 
\Vhole,  viz.:  To  insert  after  the  word  "shall,"  in  the  first  line, 
the  words  "make  any  donation  or  grant  to  or  in  aid  of  or,"  and 
to  insert  after  the  word  "franchises,"  in  the  fifth  line,  the  word 
"or." 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  section  3  as  reported  by  the  Committee  of 
the  Whole,  viz. :  To  strike  out,  in  the  first  line,  the  words  "bond 
or  other  evidence  of  indebtedness,"  and  to  insert  in  lieu  the 
words  "loan  in  any  form;"  also,  to  strike  out  the  words  "solely 
repel  invasion,"  in  the  second  line;  also,  to  strike  out  the  word 
"or,"  in  second  line,  and  insert  in  lieu  the  words  "and  in  time  of 
war;"  also,  to  strike  out  the  words  "in  time  of  war  or  provide 
for  the  defense  of  the  State  when  threatened  by  hostilities,"  in 
the  third  line;  also,  to  strike  out  the  word  "annual,"  in  the  tenth 
line. 

Mr.  Head  moved  to  amend  section  3  by  striking  out  the 
words  "erect  public  buildings  for  use  of  the  State,"  in  the  sec- 
ond line. 

And,  the  question  being  upon  the  motion  of  Mr.  Head  to 
amend  section  3,  and,  being  put,  it  was  decided  in  the  negative. 
Ayes,  8;  noes,  18. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Carr,  Clark,  Head,  Kennedy,  Meyer, 
Plumb,  Quillian,  Vigil. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Beck, 
Cooper,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Hurd,  Hough, 


CONM  I  I  I    I  In.N.M.    <  <>\\  T.NTION.  435 

I  ...  Marsh,  Stone,  St<>\vr,  Webster,  Wheeler,  Yount,  Mr.  Presi- 
dent. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Head. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  3 
as  reported  by  (he  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  concurred  in  the 
amendments  to  section  4  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  the  words  "which  shall  be"  after  the 
word  "law,"  in  the  first  line;  also,  to  insert  the  words  "such  law 
shall"  after  the  word  "discharged,"  in  the  second  line;  also,  to 
strike  out  the  word  "specifying,"  in  same  line,  and  insert  in  lieu 
the  word  "specify;"  also,  in  same  line,  strike  out  the  words  "to 
be  raised  thereby,"  and  insert  in  lieu  the  words  "so  raised ;" 
also,  in  third  line,  strike  out  the  word  "providing,"  and  insert 
in  lieu  the  word  "provide;"  strike  out  the  word  "such,"  and  in- 
sert in  lieu  the  word  "a;"  strike  out  the  words  "as  wrill,"  and 
insert  in  lieu  the  words  "sufficient  to;"  also,  in  fourth  line,  to 
strike  out  the  word  "which,"  and  insert  in  lieu  the  words  "such 
time,  however;"  also,  in  fifth  line,  strike  out  the  word  "years," 
and  insert  after  the  word  "ten,"  in  same  line,  the  word  "years;" 
also,  in  same  line,  insert,  between  the  words  "shall"  and  "be," 
the  word  "not,"  and  strike  out,  in  same  line,  the  word  "the," 
and  insert  in  lieu  the  words  "any  other;"  also,  in  sixth  line, 
insert  the  words  "that  that"  after  the  word  "purpose;"  also, 
strike  out,  in  same  line,  the  words  "to  no  other  purpose  until," 
and  insert  in  lieu  the  word  "when ;"  also,  strike  out  the  words 
"and  thereupon,"  in  the  sixth  line. 

Mr.  Beck  moved  to  amend  section  4  by  striking  out  the 
words  "and  supplying  deficiencies  of  revenue,"  in  the  fifth  and 
sixth  lines. 

And,  the  question  being  upon  the  motion  of  Mr.  Beck  to 
amend  section  4,  and,  being  put  and  a  division  called,  it  was 
decided  in  the  negative.  Ayes,  8;  noes,  10. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Beck. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  the  Convention  concurred  in  the 
report  of  the  Committee  of  the  Whole  to  strike  out  section  5  as 
reported  by  the  Committee  on  State,  County  and  Municipal  In- 
debtedness, and  insert  in  lieu  the  following  substitute: 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings 
may  be  created  by  law,  as  provided  for  in  section  4  of  this  ar- 
ticle, not  exceeding  in  the  aggregate  a  sum  equal  to  three  mills 
on  each  dollar  of  valuation,  as  above  herein  described ;  Pro- 
vided, That,  before  going  into  effect,  such  law  shall  be  ratified 
by  the  vote  of  a  majority  of  the  qualified  electors  of  the  State 


436  PROCEEDINGS    OF    THE 

voting  thereon  at  a  general  election  under  such  provisions  as 
the  General  Assembly  may  prescribe. 

On  motion  of  Mr.  Wheeler,  the  Convention  adopted  the  sub- 
stitute for  section  5  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in 
the  amendments  to  section  6  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  after  the  word  "county,"  in  the  ninth 
line,  the  words  "for  all  purposes;'7  also,  to  insert  after  the  word 
"shall,"  in  the  eleventh  line,  the  words  "at  a  general  election;" 
also,  to  strike  out  the  words  "at  a  general  election,"  in  the 
twelfth  line,  and  insert  in  lieu  the  words  "who,  in  the  year  last 
preceding  such  election,  shall  have  paid  a  tax  upon  property 
assessed  to  them  in  such  county;"  also,  to  strike  out  of  thir- 
teenth and  fourteenth  lines  the  words  "more  than  fifteen,"  and 
to  add  to  the  section  the  words  "and  the  aggregate  amount  of 
such  debt  so  contracted  shall  not  at  any  time  exceed  twice  the 
rate  upon  said  valuation  last  herein  provided  for." 

Mr.  Beck  moved  to  amend  section  6  by  striking  out  the 
words  "and  for  supplying  such  county  with  water  for  public 
use,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Beck  to 
strike  out. 

Mr.  Webster  moved  to  amend  section  6  by  inserting  the 
word  "such"  before  the  word  "indebtedness,"  in  the  ninth  line. 

By  leave  of  the  Convention,  Mr.  Yount,  chairman  of  ihe 
Committee  on  Accounts  and  Expenditures  of  Convention,  pre- 
sented a  supplementary  report  of  that  committee,  as  follows: 

MILEAGE  OF  MEMBERS  OF  THE  CONSTITUTIONAL  CON- 
VENTION. 

Casimiro  Barela — 

By  420  miles  @  15  cents |63.00 

George  Boyles — 

By  440  miles  @  15  cents 60.00 

H.  P.  H.  Bromwell— 

By  —  miles  @a  -  -  cents .... 

W.  E.  Beck- 
By  90  miles  @  15  cents 13.50 

Byron  L.  Carr — 

By  120  miles  @  15  cents 18.00 

W.  H.  Cushman— 

By  100  miles  @  15  cents 15.00 

W.  M.  Clark— 

By  100  miles  @  15  cents 15.00 

A.  D.  Cooper — 

By  340  miles  @  15  cents 51.20 


CONSTITUTIONAL   CONVENTION.  437 

Robert  Douglas — 

I'.v   ir.o  miles  @  15  cents 22.50 

II .  R.  Crosby— 

IJ\    1,032  miles  @  15  cents 154.80 

L.  C.  Ellsworth— 

By    . .    miles  @  15  cents .... 

C.  P.  Elder— 

By  . .  miles  @  15  cents 

F.  J.  Ebert- 

By  . .  miles  @  15  cents 

W.  B.  Felton— 

By  550  miles  @  15  cents 82.50 

J.  M.  Garcia — 

By  450  miles  @  15  cents 07.50 

Daniel  Hurd— 

By  . .  miles  @  15  cents 

J.  S.  Hough- 
By  416  miles  @  15  cents 62.40 

Lafayette  Head- 
By  540  miles  @  15  cents 81.00 

Wm.  H.  James — 

By  330  miles  @  15  cents 49.50 

\Vm.  R.  Kennedy — 

By  800  miles  @  15  cents 120.00 

Wm.  Lee — 

By  20  miles  @  15  cents 4.50 

Alvin  Marsh — 

By  80  miles  @  15  cents 12.00 

Wm.  H.  Meyer — 

By  460  miles  @  15  cents 69.00 

S.  J.  Plumb- 
By  70  miles  @  15  cents 10.50 

George  E.  Pease — 

By  180  miles  @  15  cents 27.00 

Robert  A.  Quillian— 

By  80  miles  @  15  cents 52.50 

L.  C.  Rockwell— 

By  80  miles  @  15  cents 12.00 

Wilbur  F.  Stone- 
By  240  miles  @  15  cents 36.00 

W.  0.  Stover— 

By  150  miles  @  15  cents 22.50 

H.  C.  Thatcher— 

By  240  miles  @  15  cents 36.00 

Agipeto  Vigil— 

By  420  miles  @  15  cents 63.00 


438  PROCEEDINGS    OF    THE 

W.  W.  Webster— 

By  240  miles  @  15  cents 36.00 

G.  G.  White- 

By  30  miles  @  15  cents 4.50 

E.  T.  Wells— 

By  . .  miles  @  15  cents 

P.  P.  Wilcox- 

By  78  miles  @  15  cents 11.70 

J.  S.  Wheeler— 

By  50  miles  @  15  cents 7.50 

J.  W.  Widderfield— 

By  416  miles  @  15  cents 62.40 

A.  K.  Yount— 

By  150  miles  @  15  cents 22.50 

J.  C.  Wilson,  President— 

By  150  miles  @  15  cents 22.50 

On  motion  of  Mr.  Meyer,  the  report  was  received. 

On  motion  of  Mr.  Rockwell,  the  report  was  adopted. 

On  motion  of  Mr.  Meyer,  the  President  and  Secretary  were 
instructed  to  issue  certificates  to  the  members  and  officers  of  the 
Convention  for  the  amounts  due  them  as  shown  by  the  report 
of  the  Committee  on  Accounts  and  Expenditures  of  Convention. 

On  motion  of  Mr.  Meyer,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  call. 

Absent — Messrs.  Barela,  Boyles,  Cushman,  Felton,  Garcia, 
Hurd,  Head,  Marsh,  Meyer,  Pease,  Thatcher,  White  and  Wilcox. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  of  the  Whole  on  the  article  on  State,  County 
and  Municipal  Indebtedness. 

And  the  question  being  upon  the  motion  of  Mr.  Webster  to 
amend  section  6  by  inserting  the  word  "such"  before  the  word 
"indebtedness,"  in  the  ninth  line,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Webster. 

On  motion  of  Mr.  Quillian,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Widderfield,  the  Convention  adopted  sec- 
tion 7  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in  the 
amendments  to  section  8  reported  by  the  Committee  of  the  Whole, 
viz.:  To  insert  after  the  word  "town,"  in  the  eleventh  line,  the 


CONSTITUTIONAL   CONVENTION,  439 

words  "who  shall  in  the  year  next  preceding  have  paid  a  property 

i;i.\  therein  ;"  also  strike  mil  the  words  "t  wo  thirds."  in  the 
i  uelt'th  line,  and  insert  in  lieu  the  words  "a  majority,"  and  also 
to  insert  after  the  word  "created,"  in  the  fourteenth  line,  the 
words  "together  with  the  debt  existing  against  sueh  city  or  town 
at  the  time  of  sin-h  election." 

Mr.  Bromwell  moved  to  amend  section  8  by  striking  out  the 

word  "cadi."  in  the  eighth  line,  and  inserting  in  lieu  the  word 
••sueh."  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Hromwell. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  secction 

8  as  reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Keck  moved  to  amend  section  1)  by  striking  out  the  word 
"imj  air."  in  the  first  line,  and  inserting  in  lieu  the  words  "be 
so  construed  as  to  either  impair  or  add  to,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by  Mr. 
Beck  to  section  9. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 

9  as  reported  by  the  Committee  of  the  Whole  as  amended. 

Messrs.  Boyles  and  Hurd  appeared  and  took  their  seats. 

Mr.  Bromwell  moved  that  the  vote  by  which  section  6  was 
adopted  be  reconsidered,  which  was  agreed  to. 

Mr.  Bromwell  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Webster  to  insert  the  word  "such"  was 
inserted  before  the  word  "indebtedness,"  in  the  ninth  line,  was 
concurred  in  by  the  Convention,  which  was  also  agreed  to. 

Mr.  Webster  then  moved  to  amend  section  6  by  adding  thereto 
the  words  "provided,  that  this  section  shall  not  apply  to  counties 
having  a  valuation  of  less  than  one  million  dollars,'1  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Webster  to  section  6. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole  as  amended. 

So  the  Convention  adopted  the  article  on  State,  County  and 
Municipal  Indebtedness,  in  the  words  following: 

ARTICLE  (— .) 
STATE,   COUNTY    AND    Ml'XKMPAL    INDEBTEDNESS. 

Section  1.  Neither  the  State,  nor  any  county,  city,  town, 
township  or  school  district  shall  lend  or  pledge  the  credit  or  faith 
thereof,  directly  or  indirectly,  absolutely,  conditionally  or  con 
tingently.  in  any  manner  to  or  in  aid  of  any  person,  association 
of  persons,  company  or  corporation,  public  or  private,  for  any 
amount  or  for  any  purpose  whatever,  or  assume,  undertake,  guar- 


440  PROCEEDINGS    OP    THE 

antee  or  become  responsible  or  liable  for  any  debt,  undertaking, 
obligation,  contract  or  liability  of  any  person,  association,  com- 
pany or  corporation,  public  or  private,  in  or  out  of  this  State. 

Sec.  2.  Neither  the  State,  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  make  any  donation  or  grant  to  or  in 
aid  of  or  become  a  subscriber  to  or  stockholder  or  shareholder  in 
any  corporation,  joint  stock  company  or  association,  or  a  part 
owner  with  any  person,  association  or  corporation,  or  of  any 
municipality  whatever  in  or  out  of  this  State,  except  as  to  such 
ownership  as  may  accrue  to  the  State  by  escheat  or  by  forfeiture 
of  franchise  or  property  by  operation  or  provision  of  law,  and 
except  as  to  such  ownership  as  may  accrue  to  the  State  or  to  any 
county,  city,  town,  township  or  school  district,  or  to  either  or  any 
of  them  jointly  with  any  or  either  of  them  or  with  any  person  or 
persons,  association  or  corporation,  by  forfeiture  of  real  estate  for 
non-payment  of  taxes  or  by  donation  or  devise  for  public  use  or 
by  purchase  by  or  on  behalf  of  the  State  or  any  county,  city,  town, 
township  or  school  district,  or  sm\  or  either  of  them,  jointly  with 
any  or  either  of  them,  under  execution  in  cases  of  fines,  penalties 
or  forfeiture  of  bail,  recognizance,  official  bond  or  bonds,  to  se- 
cure public  moneys  or  the  performance  of  contracts  in  which  they 
or  any  of  them  may  be  jointly  or  severally  interested. 

Sec.  3.  The  State  shall  not  contract  any  debt  by  loan  in 
any  form  except  to  provide  for  casual  deficiencies  of  revenue, 
erect  public  buildings  for  use  of  the  State,  suppress  insurrection, 
defend  the  State  or  in  time  of  war  assist  in  defending  the  United 
States;  and  the  amount  of  debt  contracted  in  any  one  year  to 
provide  for  deficiencies  of  revenue  shall  not  exceed  an  amount 
equal  to  one-fourth  of  one  mill  on  each  dollar  of  valuation  of 
taxable  property  within  the  State,  and  the  aggregate  amount  of 
such  debt  shall  not  at  any  time  exceed  an  amount  equal  to  three- 
fourths  of  one  mill  on  each  dollar  of  said  valuation  until  the 
amount  of  such  valuation  shall  equal  one  hundred  millions  of 
dollars,  and  thereafter  such  debt  shall  not  exceed  one  hundred 
thousand  dollars,  except  in  all  cases  as  provided  in  section  five 
hereof,  and  the  debt  incurred  in  any  one  year  for  erection  of 
public  building  [buildings]  shall  not  exceed  an  amount  equal  to 
one-half  mill  on  each  dollar  of  said  valuation,  and  the  aggregate 
amount  of  such  debt  shall  never  at  any  time  exceed  the  sum  of 
fifteen  thousand  dollars  (except  as  provided  in  section  five  hereof), 
and  in  all  cases  the  valuation  herein  mentioned  shall  be  that  of 
the  assessment  last  preceding  the  creation  of  said  debt. 

Sec.  4.  In  no  case  shall  any  debt  above  mentioned  in  this 
article  be  created  except  by  a  law  which  shall  be  irrepealable 
until  the  indebtedness  therein  provided  for  shall  have  been  fully 
paid  and  discharged.  Such  law  shall  specify  the  purposes  to 
which  the  funds  so  raised  shall  be  applied  and  provide  for  the 
levying  of  a  tax  sufficient  to  pay  the  interest  on  and  extinguish 
the  principal  of  such  debt  within  the  time  limited  by  such  law  for 
the  payment  thereof.  Such  time,  however,  in  the  case  of  debts 


CONSTITUTIONAL   CONVENTION.  441 

contract)  d  for  the  erection  of  public  buildings  and  supplying  <!«• 
lie  iencies  of  revenue  shall  not  exceed  fifteen  nor  less  than  ten 
years,  and  the  funds  arising  from  the  collection  of  any  such  tax 
shall  inoti  lie  applied  to  any  other  purposes  than  that  provided 
in  the  law  levying  the  same,  and  when  the  debt  thereby  created 
shall  bo  discharged  such  tax  shall  cease.  * 

S^ec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings 
may  be  created  by  law  as  provided  for  in  section  four  of  this  arti- 
cle, not  exceeding  in  the  aggregate  a  sum  equal  to  three  mills  on 
each  dollar  of  valuation,  as  above  herein  described.  Provided, 
That  before  going  into  effect  such  law  shall  be  ratified  by  the 
vote  of  a  majority  of  the  qualified  electors  of  the  State,  voting 
thereon  at  a  general  election  under  such  provisions  as  the  Gen- 
eral Assembly  may  prescribe. 

Sec.  6.  No  county  shall  contract  any  debt  by  loan  in  any 
form  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  of  public  roads  and  bridges,  and  such 
indebtedness  contracted  in  any  one  year  shall  not  exceed  the 
rates  upon  the  taxable  property  in  such  county,  following,  to  wit : 

Counties  in  which  the  assessed  valuation  of  taxable  property 
shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty  cents  on 
each  thousand  dollars  thereof. 

Counties  in  which  such  valuation  shall  be  less  than  five  mil- 
lions of  dollars,  three  dollars  on  each  thousand  dollars  thereof. 

And  the  aggregate  amount  of  indebtedness  of  any  county 
for  all  purposes,  exclusive  of  debts  contracted  before  the  adoption 
of  this  Constitution,  shall  not  at  any  time  exceed  twice  the 
amount  above  herein  limited  in  case  of  such  county,  unless  in 
manner  provided  by  law.  The  question  of  incurring  such  debt 
shall  at  a  general  election  be  submitted  to  the  vote  of  the  quali- 
fied electors  of  such  county  who  in  the  year  last  preceding  such 
election  shall  have  paid  a  tax  upon  property  assessed  to  them 
in  such  county  and  a  majority  of  those  voting  thereon  shall  vote 
in  favor  of  incurring  such  debt,  but  the  bonds,  if  any  be  issued 
for  payment  thereof,  shall  not  run  less  than  ten  years,  and  the 
aggregate  amount  of  such  debt  as  contracted  shall  not  at  any 
time  exceed  twice  the  rate  upon  such  valuation  last  herein  pro- 
vided for;  provided,  that  this  section  shall  not  apply  to  counties 
having  a  valuation  of  less  than  one  million  dollars. 

Sec.  7.  No  debt  by  loan  in  any  form  shall  be  contracted  by 
any  school  district  for  the  purpose  of  erecting  and  furnishing 
school  buildings  for  such  district  or  purchasing  grounds  therefor 
unless  the  proposition  to  create  such  debt  shall  first  be  submitted 
to  the  qualified  electors  of  such  district  who  shall  have  paid  a 
school  tax  therein  in  the  year  next  preceding  such  election  and 
a  majority  of  those  voting  thereon  shall  vote  in  favor  of  incurring 
such  debt  in  manner  provided  by  law. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan,  in 
any  form  except  by  means  of  an  ordinance  first  legally  adopted 


442  PROCEEDINGS    OF    THE 

and  which  shall  be  irrepealable  until  the  indebtedness  therein 
provided  for  shall  have  been  fully  paid  and  discharged,  specifying' 
the  purposes  to  which  the  funds  to  be  raised  thereby  shall  be 
applied  and  providing  for  the  levying  of  such  tax  not  exceeding 
twelve  (12)  mills  on  each  dollar  of  valuation  of  property  subject 
to  taxation  by  such  city  or  town,  as  will  be  sufficient  to  pay  the 
annual  interest  and  extinguish  the  principal  of  such  debt  within 
fifteen,  but  not  less  than  ten,  years  from  the  creation  thereof,  and 
the  funds  arising  from  the  collection  of  such  tax  shall  be  applied 
to  the  purposes  in  such  ordinance  specified  and  to  no  other,  until 
the  indebtedness  in  such  ordinance  provided  for  shall  be  paid  and 
discharged.  But  no  such  debt  shall  be  created  unless  the  ques- 
tion of  incurring  the  same  shall  be  submitted  to  the  vote  of  the 
qualified  electors  of  such  city  or  town,  who  shall  in  the  year  next 
preceding  have  paid  a  property  tax  therein  at  a  regular  election 
for  the  election  of  councilman,  alderman  or  officers  thereof  and 
a  majority  of  said  electors  voting  at  said  election,  by  ballot  de- 
posited in  separate  ballot  box,  in  manner  to  be  provided  by  law, 
shall  vote  in  favor  of  creating  such  debt,  but  the  aggregate 
amount  of  such  debt  so  created,  together  with  the  debt  existing 
against  'such  city  at  the  time  of  such  election,  shall  not  at  any 
time  exceed  a  sum  equal  to  three  per  cent,  of  the  valuation  last 
aforesaid.  Debts  contracted  for  the  purpose  of  procuring  sup- 
plies of  water  for  such  city  or  town  are  excepted  from  the  op- 
eration of  this  section. 

The  valuation  in  this  section  mentioned  shall  be  in  all  cases 
that  of  the  assessment  next  preceding  the  last  assessment  before 
the  adoption  of  such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  be  so  con- 
strued as  to  either  impair  or  add  to  the  obligation  of  any  debt 
heretofore  contracted  by  any  county,  city,  town  or  school  dis- 
trict in  accordance  with  the  laws  of  Colorado  Territory,  or  pre- 
vent the  contracting  of  any  debt  or  the  issuing  of  bonds  therefor 
in  accordance  with  said  laws,  upon  any  proposition  for  that  pur- 
pose which  may  have  been  according  to  said  laws  submitted  to 
the  vote  of  the  qualified  electors  in  any  county,  city,  town  or 
school  district  before  the  day  of  this  Constitution  going  into 
effect. 

On  motion  of  Mr.  Quillian,  the  article  on  State,  County  and 
Municipal  Indebtedness,  as  adopted  by  the  Convention,  was  or- 
dered engrossed  and  referred  to  the  Committee  on  Revisions  and 
Adjustments. 

Mr.  Thatcher  appeared  and  took  his  seat. 

Mr.  Clark  moved  that  the  vote  by  which  the  report  of  the 
Committee  on  Accounts  and  Expenditures  of  Convention  was 
adopted  be  reconsidered,  which  was  agreed  to. 

Mr.  Clark  then  moved  that  so  much  of  the  report  as  referred 
to  the  per  diem  of  the  first  and  assistant  secretaries  be  laid  upon 
the  table  for  future  consideration,  which  was  not  agreed  to. 


CONSTITUTIONAL   CON  VKNTlo.N.  443 

So  I  In*  Convention  refused  to  concur  in  the  motion  of  Mr. 
Cl;irk  to  lay  upon  the  table. 

The  question  then  being  upon  the  motion  of  Mr.  Rockwell  to 
adopt  the  report  of  the  Committee  on  Accounts  and  Expenditures 
of  Convention,  it  was  agreed  to. 

So  the  Convention  adopted  the  report  of  the  Committee  on 
Accounts  and  Expenditures  of  the  Convention. 

Mr.  Wells  moved  that  the  report  of  the  Committee  on   K 
visions  and  Adjustments  on  the  articles  entitled  "Militia"  and 
"Future  Amendments"  be  taken    from    the   table,    which    was 
agreed  to. 

Mr.  Can-  moved  that  the  article  on  Militia  be  considered  by 
sections,  which  was  agreed  to. 

On  motion  of  Mr.  Carr,  the  Convention  approved  section  1, 
as  reported  by  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Beck,  section  2,  as  reported  by  the  Com- 
mittee on  Revisions  and  Adjustments,  was  approved  by  the  Con- 
vention. 

On  motion  of  Mr.  Webster,  section  3,  as  reported  by  the 
Committee  on  Revisions  and  Adjustments,  was  approved  by  the 
Convention. 

On  motion  of  Mr.  Kennedy,  section  4,  as  reported  by  the  Com- 
mittee on  Revisions  and  Adjustments,  was  approved  by  the  Con- 
vention. 

On  motion  of  Mr.  Douglas,  section  5,  as  reported  by  the  Com- 
mittee on  Revisions  and  Adjustments,  was  approved. 

On  motion  of  Mr.  Carr,  the  article  on  Militia,  as  follows, 
was  referred  back  to  the  Committee  on  Revisions  and  Adjust- 
ments to  be  properly  numbered  in  the  Constitution : 

ARTICLE  (— .) 
MILITIA. 

Section  1.  The  militia  of  the  State  shall  consist  of  all  able- 
bodied  men  residents  of  the  State  between  the  ages  of  eighteen 
and  forty-five  years,  except  such  persons  as  may  be  exempted  by 
the  laws  of  the  United  States. 

Sec.  2.  The  organization,  equipment  and  discipline  of  the 
militia  shall  conform  as  nearly  as  practicable  to  the  regulations 
for  the  government  of  the  armies  of  the  United  States. 

Sec.  3.  The  Governor  shall  appoint  all  general,  field  and 
staff  officers  and  commission  them.  Each  company  shall  elect 
its  own  officers,  who  shall  be  commissioned  by  the  Governor,  but 
if  any  company  shall  fail  to  elect  such  officers  within  the  time 
prescribed  by  law  they  may  be  appointed  by  the  Governor. 

Sec.  4.  The  General  Assembly  shall  provide  for  the  safe 
keeping  of  the  public  arms,  military  records,  relics  and  banners 
of  the  State. 


444  PROCEEDINGS    OF    THE 

Sec.  5.  No  person  having  conscientious  scruples  against 
bearing  arms  shall  be  compelled  to  do  militia  duty  in  time  of 
peace;  Provided,  Such  person  shall  pay  an  equivalent  for  such 
exemption. 

Mr.  Beck  moved  that  the  article  on  Future  Amendments, 
as  reported  by  the  Committee  on  Kevisions  and  Adjustments,  be 
considered  by  sections,  which  was  agreed  to. 

On  motion  of  Mr.  Beck,  section  2  was  recommitted  to  the 
Committee  on  Revisions  and  Adjustments. 

Mr.  Rockwell  offered  the  following  resolution  and  moved  its 
adoption : 

Resolved,  That  the  several  reports,  when  made  by  the  Com- 
mittee on  Revisions  and  Adjustments,  lie  on  the  table  to  await 
the  adoption  by  the  Convention  of  all  the  articles  in  the  Consti- 
tution, at  which  time  said  reports  be  acted  upon. 

And  the  question  being  upon  the  motion  of  Mr.  Rockwell  to 
adopt  the  above  resolution,  and  being  put,  it  was  decided  in  the 
negative — ayes,  5;  noes,  18. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Cooper,  Rockwell,  Stover,  Vigil,  Wheeler. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck> 
Cushman,  Douglas,  Ellsworth,  Elder,  Ebert,  Hough,  James,  Ken- 
nedy, Plumb,  Quillian,  Stone,  Webster,  Wells,  Widderfield, 
Yount,  Mr.  President. 

So  the  Convention  refused  to  adopt  the  resolution  offered  by 
Mr.  Rockwell. 

Mr.  Wells,  chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, presented  the  following  report: 

To  the  Honorable  the  President  and  Constitutional  Convention: 
The  Committee  on  Revisions  and  Adjustments,  to  whom  was 
recommitted  the  report  of  said  committee  upon  section  2  of  the 
article  upon  Future  Amendments,  having  had  the  same  under 
consideration,  beg  leave  to  report  the  same  back,  with  the  follow- 
ing recommendations:  Eighth  line  of  printed  copy,  as  agreed  to 
in  Convention,  strike  out  "if  they,"  insert  in  lieu  "such  as." 

E.  T.  WELLS, 

Chairman. 

On  motion  of  Mr.  Quillian,  the  report  was  received. 

On  motion  of  Mr.  Beck,  section  2  of  the  article  on  Future 
Amendments,  as  reported  by  the  Committee  on  Revisions  ana 
Adjustments,  was  approved  by  the  Convention. 

On  motion  of  Mr.  Wells,  the  article  on  Future  Amendments, 
approved  by  the  Convention  as  follows-,  was  ordered  engrossed 
and  referred  to  the  Committee  on  Revisions  and  Adjustments,  to 
be  numbered  and  adjusted  in  the  Constitution. 


CON.^n  II    IIONAL    CONVENTION.  445 

FUTURE  AMENDMENTS. 

Section  1.  The  General  Assembly  may  at  any  time,  by  a 
\oir  of  two  -thirds  of  thr  members  rli-ch-d  to  i-adi  house,  recom- 
mend to  the  electors  of  the  State  to  vote  at  the  next  general 
rlrt -lion  for  or  against  a  convention  to  revise,  alter  and  amend 
this  Constitution ;  and  if  a  majority  of  those  voting  on  the  ques- 
lion  shall  declare  in  favor  of  such  Convention,  tin-  <irii<Tal  As- 
sembly shall  at  its  next  session  provide  for  the  calling  thereof. 
The  number  of  members  of  the  Convention  shall  In-  t\\i<  <•  that  of 
the  Senate,  and  they  shall  be  elected  in  the  same  manner,  at  the 
same  places  and  in  the  same  districts. 

The  General  Assembly  shall,  in  the  act  calling  the  Conven- 
tion, designate  the  day,  hour  and  place  of  its  meeting,  fix  the 
pay  of  its  members  and  officers,  and  provide  for  the  payment  of 
the  same,  together  with  the  necessary  expenses  of  the  Convention. 

Before  proceeding  the  members  shall  take  an  oath  to  support 
the  Constitution  of  the  United  States  and  of  the  State  of  Colo- 
rado, and  to  faithfully  discharge  their  duties  as  members  of  the 
Convention. 

The  qualifications  of  members  shall  be  the  same  as  of  mem- 
bers of  the  Senate,  and  vacancies  occurring  shall  be  filled  in  "the 
manner  provided  for  filling  vacancies  in  the  General  Assembly. 

Said  Convention  shall  meet  within  three  months  after  such 
election,  and  prepare  such  revisions,  alterations  or  amendments 
to  the  Constitution  as  may  be  deemed  necessary,  which  shall  be 
submitted  to  the  electors  for  their  ratification  or  rejection  at  an 
election  appointed  by  the  Convention  for  that  purpose,  not  less 
than  two  nor  more  than  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted  and  approved  by  a  majority  of 
the  electors  voting  at  such  election,  no  such  revisions,  alterations 
or  amendments  shall  take  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  house  of  the  General  Assembly, 
and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  house,  such  proposed  amendments,  together 
with  the  ayes  and  noes  of  each  house  thereon,  shall  be  entered  in 
full  on  their  respective  Journals,  and  the  Secretary  of  State  slia  11 
cause  the  said  amendment  or  amendments  to  be  published  in 
full  in  at  least  one  newspaper  in  each  county  (if  such  there  be) 
for  three  months  previous  to  the  next  general  election  for  mem- 
bers of  the  General  Assembly;  and  at  said  election  the  said 
amendment  or  amendments  shall  be  submitted  to  the  qualified 
electors  of  the  State  for  their  adoption  or  rejection,  and  such  as 
are  approved  by  a  majority  of  those  voting  thereon  become  part 
of  this  Constitution,  but  the  General  Assembly  shall  have  no 
power  to  propose  amendments  to  more  than  one  article  of  this 
Constitution  at  the  same  session. 

By  leave  of  the  Convention,  Mr.  Stone,  chairman  of  the  Com- 
mittee on  Judiciary,  presented  a  report  of  that  committee,  as 
follows : 


446  PROCEEDINGS    OF    THE 

To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention : 

Your  Standing  Committee  on  Judiciary,  to  which  there  was 
recommitted  the  article  on  Judiciary,  with  instructions  to  con- 
sider whether  the  number  of  Judicial  districts  might  not  be  de- 
creased from  five  to  four,  and  also  to  consider  the  expediency  of 
so  arranging  the  Judiciary  department  as  to  allow  the  duties  of 
the  Supreme  and  District  Courts  to  be  performed  by  one  set  of 
judges,  beg  leave  to  report  that,  having  considered  the  same,  they 
do  not  deem  it  expedient  to  have  the  duties  of  said  several  courts 
performed  by  the  same  judges,  but  favor  the  establishment  of 
separate  Supreme  and  District  Courts,  with  separate  judges  for 
each. 

The  committee  further  report  that  they  have  considered  the 
practicability  and  expediency  of  reducing  the  number  of  dis- 
tricts ;  they  find  that  the  number  can  reasonably  be  reduced  from 
five  to  four,  considering  the  present  amount  of  business  and  that 
which  will  probably  be  imposed  on  the  judges  of  the  District 
Courts  for  several  years  to  come,  and  therefore  they  report  back 
the  whole  article  and  recommend  that  section  14  thereof  be 
amended  to  read  as  follows,  to  wit: 

Sec.  14.  Until  otherwise  provided  by  law,  said  districts  shall 
be  as  follows,  to  wit : 

First  District — The  counties  of  Boulder,  Jefferson,  Gilpin, 
Clear  Creek,  Summit  and  Grand. 

Second  District — The  counties  of  Arapahoe,  Douglas,  Elbert, 
Weld  and  Larimer. 

Third  District — The  counties  of  Park,  El  Paso,  Fremont,  Pu- 
eblo, Bent,  Las  Animas  and  Huerfano. 

Fourth  District — The  counties  of  Costilla,  Conejos,  Rio 
Grande,  La  Plata,  Hinsdale,  Saguache  and  Lake. 

All  of  which  is  respectfully  submitted. 

WILBUR  F.  STONE, 

Chairman. 

On  motion  of  Mr.  Widderfield,  the  report  was  received,  or- 
dered printed,  and  laid  upon  the  table  for  future  consideration. 

Mr.  Rockwell  moved  that  the  consideration  of  the  article 
on  Judiciary  be  made  the  special  order  for  Tuesday  next  at  2 
o'clock  p.  m. 

And  the  question  being  upon  the  motion  of  Mr.  Rockwell 
that  the  consideration  of  the  article  on  Judiciary  be  made  the 
special  order  for  Tuesday  next  at  2  o'clock  p.  m.,  and  being  put 
and  a  division  called,  but  a  quorum  not  being  present,  it  was  not 
decided. 

The  President  asked  for  leave  of  absence  for  Messrs.  Head 
and  Meyer,  which  was  granted. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  9 
o'clock  a.  m.  on  Monday. 


CONSTIT1  TIONAL   CONVENTION.  447 


MONDAY,  FEBRUARY  28TH,  1876,  9  O'CLOCK  A.  M. 

('•invention  met  pursuant  to  adjournment. 

I'raxrr  was  ntVered  I iv  i  IK-  Rev.  Mr.  Eads. 

Roli  called. 

Absent  Messrs.  Karela,  lioyles,  Clark,  (larcia,  Kennedy, 
Marsh,  Tease,  Stone,  Webster,  White  and  Wilcox. 

The  Journal  having  been  partially  read,  Mr.  Felton  moved 
that  the  reading  of  so  much  of  the  Journal  as  embraced  the  arti- 
cle on  Rights  of  Suffrage  and  Election  be  dispensed  with,  which 
was  agreed  to. 

Mr.  Stover  moved  to  dispense  with  the  reading  of  so  much 
of  the  Journal  as  embraced  the  report  of  the  Committee  on 
Accounts  and  Expenditures  of  Convention,  which  was  also 
agreed  to. 

Mr.  Wheeler  moved  to  dispense  with  so  much  of  the  Jour- 
nal as  embraced  the  article  on  State,  County  and  Municipal  In- 
debtedness, which  was  also  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Messrs.  Clark,  White,  Stone  and  W^ebster  appeared  and 
took  their  seats. 

Mr.  Hough,  chairman  of  Committee  on  Printing,  reported 
back  to  the  Convention  the  report  of  the  Committee  on  Re- 
visions and  Adjustments  on  proviso  to  section  1,  substitute  for 
section  5,  and  sections  3  and  7  of  the  article  on  Executive  De- 
partment as  correctly  printed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Hough,  the  reports  of  the  Committee  on 
Revisions  and  Adjustments  on  the  articles  entitled  "Officers  and 
Oath  of  Office,"  "Executive  Department,''  and  "State  Institu- 
tions and  Buildings,"  were  recommitted  to  that  committee. 

Mr.  Felton  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted: 

R<  solved,  That  a  committee  of  five  be  appointed  to  prepare 
an  ordinance  in  which  shall  be  set  forth  the  date  upon  which  the 
Constitution  shall  be  submitted  to  the  people  for  their  ratifica- 
tion,  the  qualification  of  voters,  the  duties  of  election,  the  man 
ner  of  voting,  etc.,  etc. 

Mr.  Carr  asked  for  leave  of  absence  this  day  for  Mr.  Ken- 
nedy, which,  on  motion  of  Mr.  Widderfield,  was  granted. 

On  motion  of  Mr.  Hough,  the  special  order  for  this  hour, 
viz.,  tin-  consideration  of  the  report  of  the  Committee  on  Revenue 
and  Finance,  was  discharged. 


448  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Quillian,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Public  and  Private  Corporations 
was  taken  from  the  table. 

Mr.  Wells  moved  that  the  article  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Widderfield,  the  Convention  adopted  sec- 
tion 1  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  3 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hurd,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  WTidderfield,  the  Convention  concurred  in 
the  amendment  to  section  5,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  all  of  the  section  after  the  word 
"line,"  in  the  second  line. 

On  motion  of  Mr.  James,  the  Convetion  adopted  section  5 
as  reported  by  the  Committee  of  the  Whole. 

Messrs.  Boyles  and  Marsh  appeared  and  took  their  seats. 

Mr.  Carr  moved  to  amend  section  6  by  inserting  in  second 
line,  after  the  word  "State,"  the  words  "at  just  and  reasonable 
rates." 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  section  6,  and  being  put,  it  was  decided  in  the  negative — 
ayes,  11;  noes,  22. 

.And  the  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Bromwell,  Beck,  Carr,  Cooper,  Hurd, 
Lee,  Plumb,  Stover,  White,  Wells,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Cushrnan, 
Clark,  Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Hough, 
Head,  James,  Marsh,  Meyer,  Quillian,  Kockwell,  Stone, 
Thatcher,  Vigil,  Webster,  Widderfield,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Carr. 

Mr.  Cooper  moved  to  amend  section  6  by  inserting  after  the 
word  "lessee,"  in  the  third  line,  the  word  "manager,"  which  was 
agreed  to 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Cooper. 

Mr.  Felton  moved  the  adoption  of  section  6  as  reported  by 
the  Committee  of  the  Whole  as  amended. 

And  the  question  being  upon  the  motion  of  Mr.  Felton  to 
adopt  section  6  as  amended,  and  being  put,  it  was  decided  in  the 
affirmative — ayes,  31;  noes,  2. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are — Messrs.  Boyles,  Bromwell,  Beck,  Carr,  Cushman, 


CONSI  I'll  TIONAL   C0.\\  i:vi  ION.  449 

Chirk,  cooper.  Crosby,  Douglas.  Ellsworth.  Elder,  Ebert,  Felton, 
Hurd.  llnMii'li.  Head,  .James.  |..-e.  Marsh.  Me\er.  Quillian,  Rock- 
well. Stone.  Siovrr.  Thatcher.  Vi-il.  Webster,  White,  Wells, 
WidderiiHd,  Mr.  President. 

Thos»-  voting  in  i lie  negative  are — Messrs.  Plumb  and 
Fount. 

So  the  Convention  adopted  section  G  as  reported  by  the 
Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred  in 
the  amendments  to  section  7,  reported  by  the  Committee  of  the 
Whole,  viz. :  To  strike  out  all  of  the  section  after  the  word  "Leg- 
islatiun."  in  the  second  line,  and  insert  in  lieu  the  words  "wit li- 
mit tirst  filing  in  the  office  of  the  Secretary  of  State  an  accept- 
ance of  the  provisions  of  this  Constitution  in  binding  form." 

Mr.  Wells  moved  to  amend  section  7  by  striking  out  the 
word  "article,"  in  the  first  line,  and  inserting  in  lieu  the  word 
''Constitution."  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

On  motion  of  Mr.  Quillian,  the  Convention  adopted  section 

7  as  reported  by  the  Committee  of  *he  Whole  as  amended. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section 

8  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  9 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  10 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Beck,  the  Convention  concurred  in  the 
amendments  to  section  11,  reported  by  the  Committee  of  the 
Whole,  viz. :  To  strike  out  all  of  the  first  line  after  the  word  "no," 
to  insert  after  the  word  "railroad,"  in  the  second  line,  the  words 
"shall  be  constructed,"  and  to  strike  out  the  word  "requiring," 
in  the  same  line. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section  11 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 
12  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Stone,  the  Convention  concurred  in  the 
amendments  to  section  13  reported  by  the  Committee  of  the 
Whole*,  viz.:  To  insert  after  the  word  "realty."  in  the  fifth  line, 
the  words  "for  the  purposes  of  such  trust  deeds  or  mortgages." 

Mr.  Carr  moved  that  section  13  be  stricken  out,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Carr  to 
strike  out. 

15 


450  PROCEEDINGS    OF    THE 

Mr.  Wheeler  moved  that  the  Convention  concur  in  the 
amendments  to  section  14,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  the  word  "unpaid,"  after  the  word  "of," 
in  the  second  line. 

And  the  question  being  upon  the  motion  of  Mr.  Wheeler  to 
concur  in  amendment  to  section  14,  reported  by  the  Committee 
of  the  Whole,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  23;  noes,  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are— Messrs.  Boyles,  Carr,  Cushman,  Clark,  Ells- 
worth, Elder,  Ebert,  Hurd,  Hough,  Head,  Lee,  Marsh,  Meyer, 
Quillian,  Rockwell,  Stone,  Thatcher,  Webster,  White,  Wheeler, 
Widderfield,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck, 
Cooper,  Crosby,  Douglas,  James^,  Plumb,  Stover,  Vigil,  Wells. 

So  the  Convention  concurred  in  the  amendment  to  section 
14,  reported  by  the  Committee  of  the  Whole. 

Mr.  Clark  moved  the  adoption  of  section  14,  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Clark  to 
adopt  section  14  as  reported  by  the  Committee  of  the  Whole,  and 
being  put,  it  was  decided  in  the  affirmative — ayes,  25;  noes,  8. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Boyles,  Carr,  Cushman,  Clark,  Crosby, 
Douglas,  Ellsworth,  Elder,  Ebert,  Hurd,  Marsh,  Meyer,  Quil- 
lian, Rockwell,  Stone.  Hough,  Head,  Lee,  Thatcher,  Vigil,  Web- 
ster, White,  Wheeler,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck, 
Cooper,  James,  Plumb,  Stover,  Wells,  Yount. 

So  the  Convention  adopted  section  14  as  reported  by  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Rockwell,  the  Convention  adopted  section 

15  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

16  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Bromwell,  the  Convention  concurred  in 
the  recommendation  of  the  Committee  of  the  Whole  to  strike 
out  section  18. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  [as]  to  section  19. 

So  the  Convention  adopted  the  article  on  Public  and  Private 
Corporations  in  the  words  following,  viz.: 

ARTICLE. 
PUBLIC  AND  PRIVATE  CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges,  under  which  a  bona  fide  organization  shall 


CONSTITUTIONAL   CONVENTION.  451 

not  have  taken  place  and  business  been  commenced  in  good 
faith  n\  the  time  of  the  adoption  of  this  Constitution,  shall  there- 
after have  no  validity. 

Sec.  2.  No  corporation  shall  be  created  by  special  laws  or 
its  charter  extended,  changed  or  amended,  except  such  mu- 
nicipal, charitable,  educational,  penal  or  reformatory  corpora- 
tions as  are  or  may  be  under  the  patronage  or  control  of  the 
State,  but  the  General  Assembly  shall  provide  by  general  laws 
for  the  organization  of  all  corporations  hereafter  to  be  created. 

Sec.  3.  The  General  Assemblv  shall  have  the  power  to 
alter,  revoke  or  annul  any  charter  c&  incorporation  now  existing 
and  revocable  at  the  adoption  of  this  Constitution,  or  any  that 
may  hereafter  be  created,  whenever  in  their  opinion  it  may  be 
injurious  to  the  citizens  of  this  State,  in  such  manner,  however, 
that  no  injustice  shall  be  done  to  the  corporators. 

See.  4.  All  railroads  shall  be  public  highways,  and  all 
railroad  companies  shall  be  common  carriers.  Any  association 
or  corporation-  organized  for  that  purpose  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  designated 
points  within  this  State  and  to  connect  at  the  State  line  with 
railroads  of  the  other  states  and  territories.  Every  railroad 
company  shall  have  the  right  writh  its  road  to  intersect,  con- 
nect with  or  cross  any  other  railroad. 

Sec.  5.  No  railroad  corporation  or  the  lessees  or  mana- 
gers thereof  shall  consolidate  its  stock,  property  or  franchises 
with  any  other  railroad  corporation  owning  or  having  under  its 
control  a  parallel  or  competing  line. 

Sec.  6.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported  over 
railroads  in  this  State,  and  no  undue  or  unreasonable  discrimi- 
nation shall  be  made  in  charges  or  in  facilities  for  transporta- 
tion of  freight  or  passengers  within  the  State,  and  no  railroad 
company  or  any  lessee,  manager  or  employe  thereof  shall  give 
any  preference  to  individuals,  associations  or  corporations  in 
furnishing  cars  or  motive  power. 

Sec.  7.  No  railroad  or  other  transportation  company  in 
existence  at  the  time  of  the  adoption  of  this  Constitution  shall 
have  the  benefit  of  any  future  legislation  without  first  filing  in 
the  office  of  the  Secretary  of  State  an  acceptance  of  the  provi- 
sions of  this  Constitution  in  binding  form. 

Sec.  8.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  or  so  construed  as  to  prevent  the  General 
Assembly  from  taking  the  property  and  franchises  of  incorpor- 
ated companies  and  subjecting  them  to  public  use,  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police  power 
of  the  State  shall  never  be  abridged  or  so  construed  as  to  per- 
mit corporations  to  conduct  their  business  in  such  manner  as  to 
infi  inuc  the  equal  rights  of  individuals  or  the  general  well  being 
of  the  State. 


452  PROCEEDINGS    OF    THE 

Sec.  9.  No  corporation  shall  issue  stocks  or  bonds  except 
for  labor  done,  service  performed  or  money  or  property  actually 
received,  and  all  fictitious  increase  of  stock  or  indebtedness  shall 
be  void.  The  stock  of  corporations  shall  not  be  increased  ex- 
cept in  pursuance  of  general  law,  nor  without  the  consent  of  the 
persons  holding  the  majority  of  the  stock  first  obtained  at  a 
meeting  to  be  held  after  at  least  thirty  days'  notice  given  in 
pursuance  of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  busi- 
ness and  an  authorized  agent  or  agents  in  the  same,  upon  whom 
process  may  be  served. 

Sec.  11.  No  street  railroad  shall  be  constructed  within  any 
city,  town  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  railroad. 

Sec.  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation  or  any  individual  or 
association  of  individuals  retrospective  in  its  operation  or 
which  imposes  on  the  people  of  any  county  or  municipal  sub- 
division of  the  State  a  new  liability  in  respect  to  transactions  or 
considerations  already  past. 

Sec.  13.     Stricken  out. 

Sec.  14.  Dues  from  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law,  but  in  no  case  shall  any 
stockholder  be  individually  liable  in  any  amount  over  or  above 
the  amount  of  unpaid  stock  owned  by  him  or  her. 

Sec.  15.  Any  association  or  corporation,  or  the  lessees  or 
managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  telegraph 
within  the  State,  and  to  connect  the  same  with  other  lines,  and 
the  General  Assembly  shall  by  general  law  of  uniform  operation 
provide  reasonable  regulations  to  give  full  effect  to  this  section. 
No  telegraph  company  shall  consolidate  with  or  hold  a  control- 
ling interest  in  the  stock  or  bonds  of  any  other  telegraph  com- 
pany owning  or  having  the  control  of  a  competing  line  or  ac- 
quire by  purchase  or  otherwise  any  other  competing  line  of  tel- 
egraph. 

Sec.  16.  If  any  railroad,  telegraph,  express  or  other  cor- 
poration organized  under  any  of  the  laws  of  this  State  shall  con- 
solidate by  .sale  or  otherwise  with  any  railroad,  telegraph,  ex- 
press or  other  corporation  organized  under  any  laws  of  any 
other  State  or  Territory,  or  of  the  United  States,  the  same  shall 
not  thereby  become  a  foreign  corporation,  but  the  courts  of  the 
State  shall  retain  jurisdiction  over  that  part  of  the  corporate 
property  within  the  limits  of  this  State  in  all  matters  which  may 
arise,  as  if  said  consolidation  had  not  taken  place. 

On  motion  of  Mr.  Quillian,  the  article  on  Public  and  Pri- 
vate Corporations  as  adopted  by  the  Convention  was  ordered 


CONSTITUTIONAL   CONVENTION.  453 

engrossed,  and  referred  to  the  Committee  on  Revisions  and  Ad- 
justments. 

Mi.  White  gave  notice  that  he  would  on  Wednesday  next 
move  to  reconsider  the  vote  by  which  section  9  of  the  article  on 
Legislature  and  Legislation  was  adopted. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Rights  of  Suffrage  and 
Elections  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Revisions  and  Adjustments. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  report  of  the  Committee  on 
Judiciary  as  correctly  printed. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Hough,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 

Absent — Messrs.  Barela,  Garcia,  Kennedy,  White  and  Wil- 
cox. 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Counties  was  taken  from  the  table. 

Mr.  W^ells  moved  that  the  article  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  section 
1  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section 

3  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Wheeler,  the  Convention  adopted  section 

4  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  the  Convention  adopted  section  5 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Elder  moved  to  amend  section  6  by  adding  thereto  the 
words  "on  and  after  the  year  1880  the  county  officers  in  all 
counties  shall  be  paid  a  salary,  to  be  fixed  by  the  board  of 
county  commissioners,  but  the  same  shall  be  paid  out  of  the 
fees  collected  by  the  officer  and  shall  in  no  case  exceed  the 
amount  of  money  so  collected;  and  when  such  officer  shall  have 
collected  sufficient  money  in  fees  to  pay  his  salary  he  shall  pay 
the  remainder  to  the  county  treasurer;  and  for  collecting  fees 
over  and  above  the  amount  of  his  salarv  each  officer  shall  be 


454  PROCEEDINGS    OF    THE 

allowed  a  certain  percentage  to  be  fixed  by  the  board  of  county 
commissioners." 

Mr.  Carr  moved  to  amend  the  amendment  offered  by  Mr. 
Elder  by  striking  out  all  of  section  after  the  word  "commis- 
sioners" down  to  and  including  the  word  "treasurer/'  and  in- 
serting in  lieu  the  words  "and  all  fees  collected  by  any  such 
county  officers  shall  be  paid  into  the  county  treasury,"  which 
amendment  was  accepted  by  Mr.  Elder. 

And,  the  question  being  upon  the  motion  of  Mr.  Elder  to 
amend  section  6  as  amended  by  Mr.  Carr,  and,  being  put,  it  was 
decided  in  the  affirmative.  Ayes,  16;  noes,  15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark, 
Cooper,  Ellsworth,  Elder,  Felton,  Hurd,  James,  Lee,  Plumb, 
Stover,  Wheeler,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Boyles,  Douglas, 
Hough,  Head,  Marsh,  Pease,  Quillian,  Kockwell,  Stone,  Thatch- 
er, Vigil,  Webster,  Wells,  Widderfield,  Mr.  President. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Elder  as  amended  by  Mr.  Carr. 

Mr.  Plumb  moved  to  amend  section  6  by  striking  out  the 
word  "compensation,"  in  the  first  line,  and  inserting  in  lieu  the 
word  "fees." 

And,  the  question  being  upon  the  motion  of  Mr.  Plumb,  to 
amend  section  6,  and,  being  put  and  a  division  called,  it  was 
decided  in  the  affirmative.  Ayes,  16;  noes,  13. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Plumb. 

Mr.  Wells  moved  to  further  amend  section  6  by  adding 
thereto  the  words  "the  salary  of  no  officer  shall  be  increased  or 
diminished  during  the  term  for  which  he  was  elected,"  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

Mr.  Beck  moved  the  adoption  of  section  6  as  reported  by 
the  Committee  of  the  Whole  as  amended. 

And,  the  question  being  upon  the  motion  of  Mr.  Beck  to 
adopt  section  6  as  amended,  and,  being  put,  it  was  decided  in 
the  affirmative.  Ayes,  15;  noes,  18. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark, 
Cooper,  Ellsworth,  Elder,  Head,  James,  Lee,  Plumb,  Stover, 
Wheeler,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Boyles,  Douglas, 
Ebert,  Felton,  Hurd,  Hough,  Marsh,  Meyer,  Pease,  Quillian, 
Rockwell^  Stone,  Thatcher,  Vigil,  Webster",  Wells,  Widderfield, 
Mr..  President. 


CONSTITI   Tln.XAI.    < 'oNVKNTlON.  |.~i.~ 

Si.  ilu»  Convention  refused  to  adopt  section  <">  as  rr|  ortrd  l»v 
thr  rnmmittee  nt'  the  \\'liole  as  amended. 

Mr.  Stone  moved  to  amend  section  f>  by  striking  out  all  after 
the  word  "law."  in  the  first  line. 

And,  the  question  being  upon  the  motion  of  Mr.  Stone  to 
strike  <»ut.  and,  bring  put  and  a  division  called,  it  was  decided 
in  the  a tliri native.  Ayes,  17;  noes,  15. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Stone  to 
strike  out  all  after  the  word  "law,"  in  the  first  line. 

Mr.  ran-  moved  to  reconsider  the  vote  by  which  the  Con- 
vention concurred  in  the  motion  of  Mr.  Plumb  to  strike  out  the 
word  "compensation,"  in  the  first  line,  and  insert  in  lieu  the 
word  "fees,"  which  was  agreed  to. 

The  question  then  being  on  the  motion  of  Mr.  Plumb  to  strike 
out  the  word  "compensation,"  and  insert  in  lieu  the  word  "fees," 
i  t  was  agreed  to.  f 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Plumb. 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Boyles,  the  Convention  concurred  in  the 
amendments  to  section  7  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  word  "six,"  in  the  second  line, 
and  insert  in  lieu  the  wrord  "seven;"  also,  to  strike  out  the  words 
"at  the  general  election  for  members  of  the  General  Assembly," 
in  the  second  and  third  lines;  also,  strike  out  the  words  "collect 
all  county,"  in  the  fifth  line,  and  insert  in  lieu  the  words  "be 
collected  of;"  also,  strike  out  the  word  "common,"  in  the  sixth 
line;  also,  strike  out  the  remainder  of  the  section  after  the  word 
"assessor,"  in  the  sixth  line. 

On  motion  of  Mr.  Thatcher,  the  Convention  adopted  section 
7  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  8 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Boyles,  the  Convention  concurred  in  the 
amendment  to  section  9  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out.  the  words  "citizen  of  the  United 
States,"  in  the  second  line,  and  insert  in  lieu  the  words  "quali- 
fied elector." 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  9 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hurd,  the  Convention  concurred  in  the 
amendments  to  section  10  reported  by  the  Committee  of  1he 
Whole,  viz. :  To  insert  after  the  word  "chosen,"  in  the  first  line, 
the  words  "and  annually  thereafter;"  to  strike  out  the  word 
"twro"  wherever  it  occurs  in  the  second  line,  and  insert  in  lieu 

tSo  In  text 


456  PROCEEDINGS    OF    THE 

the  word  "one;"  also,  in  same  line,  strike  out  the  words  "jus 
tices"  and  "constables,"  and  insert  in  lieu  the  words  "justice" 
and  "constables"  [constable] ;  also,  to  strike  out  the  remainder  of 
the  section  after  the  word  "years,"  in  the  third  line,  and  insertTn 
lieu  the  words  "Provided,  That,  in  precincts  containing  five  thou- 
sand or  more  inhabitants,  the  number  of  justices  and  constables 
may  be  increased  as  provided  by  law." 

On  motion  of  Mr.  Hough,  the  Convention  adopted  section 
10  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Stone,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  14  as  reported  by  the  Committee  on  Counties. 

Mr.  Clark  moved  that  the  Convention  concur  in  the  recom- 
mendation of  the  Committee  of  the  Whole  to  strike  out  section 
15  as  reported  by  the  Committee  on  Counties. 

And,  the  question  being  upon  the  motion  of  Mr.  CJark  to 
concur  in  the  recommendation  of  the  Committee  of  the  Whole 
to  strike  out  section  15,  and,  being  put  and  a  division  called,  it 
was  decided  in  the  affirmative.  Ayes,  15;  noes,  6. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Clark, 
and  section  15  of  the  report  of  the  Committee  on  Counties  was 
stricken  out. 

Mr.  Widderfield  moved  that  the  Convention  concur  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  16  of  the  report  of  the  Committee  on  Counties. 

And,  the  question  being  upon  the  motion  of  Mr.  Widderfield 
to  concur  in  the  recommendation  of  the  Committee  of  the  Whole 
to  strike  out  section  16  of  the  report  of  the  committee,  and, 
being  put,  it  was  decided  in  the  affirmative.  Ayes,  16;  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Clark,  Douglas,  Ellsworth,  Ebert,  Fel- 
ton,  Hough,  Marsh,  Pease,  Quillian,  Kockwell,  Stone,  Vigil,  Web- 
ster, Wells,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Beck, 
Carr,  Cooper,  Elder,  Hurd,  James,  Lee,  Plumb,  Stover,  Wheeler, 
Yount. 

So  the  Convention  concurred,  and  section  16  of  the  report  of 
the  Committee  on  Counties  was  stricken  out. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred  in 
the  recommendation  of  the  Committee  of  the  Whole  to  strike 
out  section  17  of  the  report  of  the  Committee  on  Counties. 

On  motion  of  Mr.  Wheeler,  the  Convention  concurred  in  the 
amendment  to  section  18  of  the  report  of  the  Committee  on 
Counties  as  reported  by  the  Committee  of  the  Whole,  viz.:  To 
strike  out  the  word  "so,"  in  the  third  line,  and  insert  in  lieu  the 
word  "as." 


ro.NSTI'l  ITIMNAI.    <  <  »N  VKNTION.  457 

On  motion  of  .Mr.  \\  licclcr,  section  18  of  the  report  of  the 
Committee  on  Counties  was  changed  to  No.  11,  and  adopted  by 
the  Convention  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  section  19  of  the  report  of  the 
Com  in  it  tee  on  Counties  was  changed  to  No.  12,  and  adopted  by 
the  Convention  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hurd,  section  20  of  the  report  of  the  Com- 
mittee of  Counties  was  adopted  by  the  Convention  as  reported 
bv  i  In-  <  'onmiittee  of  the  Whole. 

Mr.  Wells  moved  to  amend  section  2  as  reported  by  the 
(  oininittee  on  Counties  by  striking  out  the  words  "two-thirds," 
and  inserting  in  lieu  the  words  "a  majority,"  which  was  not 
agreed  to. 

So  the  Convention  r.efused  to  concur  in  the  amendment  of- 
fered by  Mr.  Wells. 

Mr.  Carp  moved  that  the  Convention  concur  in  the  recom- 
mendation of  the  Committee  of  the  Whole  to  strike  out  section  2 
as  reported  by  the  Committee  on  Counties. 

And,  the  question  being  upon  the  motion  of  Mr.  Carr  to 
concur  in  the  recommendation  of  the  Committee  of  the  Whole  to 
strike  out  section  2  as  reported  by  the  Committee  on  Counties, 
and,  being  put,  it  was  decided  in  the  negative.  Ayes,  11;  noes, 
15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Beck,  Carr,  Douglas,  Ebert,  Hurd, 
Marsh,  Plumb,  Rockwell,  Webster,  Wheeler,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Clark 
Cooper,  Ellsworth,  Elder,  Felton,  Hough,  Pease,  Wells,  Widder- 
field,  Quillian,  Stone,  Stover,  Vigil,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  recommendation 
of  the  Committee  of  the  Whole  to  strike  out  section  2  of  the 
report  of  the  Committee  on  Counties. 

Mr.  Carr  moved  to  amend  section  2  of  the  report  of  the 
Committee  on  Counties  by  striking  out  the  words  "two-thirds 
of  the  qualified  voters,"  and  inserting  in  lieu  "a  majority  of  the 
qualified  electors." 

And,  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  section  2  of  the  report  of  Committee  on  Counties,  and, 
being  put  and  a  division  called  for,  it  was  decided  in  the  affirma- 
tive. Ayes,  14;  noes,  8. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Carr. 

Mr.  Plumb  moved  to  amend  section  2  of  the  report  of  the 
Committee  on  Counties  by  striking  out  the  words  "and  such 
I  imposition  shall  mot)  be  submitted  oftener  than  once  in  four 
years,"  in  the  fourth  line,  which  was  not  agreed  to. 


458  PROCEEDINGS   OP   THE 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Plumb. 

Mr.  Clark  moved  the  adoption  of  section  2  as  reported  by 
the  Committee  on  Counties  as  amended. 

And,  the  question  being  upon  the  motion  of  Mr.  Clark  to 
adopt  section  2  as  reported  by  the  Committee  on  Counties  as 
amended,  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  14;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Beck,  Clark,  Cooper,  Douglas,  Ells- 
worth, Elder,  Ebert,  Hurd,  Hough,  Pease,  Stone,  Wells,  Wheel- 
er, Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Bromwell,  Carr, 
Marsh,  Plumb,  Quillian,  Rockwell,  Stover,  Vigil,  Webster,  Wid- 
derfield,  Yount. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Clark  to 
adopt  section  2  as  reported  by  the  Committee  on  Counties  as 
amended. 

On  motion  of  Mr.  Beck,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  3  as  reported  by  the  Committee  on  Counties. 

On  motion  of  Mr.  Plumb,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  7  as  reported  by  the  Committee  on  Counties. 

On  motion  of  Mr.  Carr,  section  2  as  amended  by  the  report 
of  the  Committee  on  Counties  was  inserted  as  No.  2  in  the 
article  on  Counties,  and  the  numbers  of  the  remaining  sections 
changed  accordingly. 

So  the  Convention  adopted  the  article  on  Counties,  in  the 
words  following: 

ARTICLE   (— .) 

COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colo- 
rado as  they  now  exist  are  hereby  recognized  as  legal  subdi- 
visions of  the  State  of  Colorado. 

Sec.  2.  The  General  Assembly  shall  have  no  power  to  remove 
the  county  seat  of  any  county,  but  the  removal  of  county  seats 
shall  be  provided  for  by  general  laws,  and  no  county  seat  shall 
be  removed  unless  a  majority  of  the  qualified  electors  of  the 
county  voting  on  the  proposition  at  a  general  election  vote 
therefor,  and  no  such  proposition  shall  be  submitted  oftener 
than  once  in  four  years,  and  no  person  shall  vote  on  such  propo- 
sition who  has  not  been  in  the  county  six  months  and  in  the 
election  precinct  ninety  days  next  preceding  such  election. 

Sec.  3.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county  from 


CONSTITUTIONAL   CONVENTION.  459 

\\h  it'h  the  territory  is  proposed  to  be  stricken  off,  nor  unless  a 
majority  of  all  the  qualified  voters  of  said  county  voting  on  the 
question  shall  vote  therefor. 

Sec.  4.  In  all  cases  of  the  establishment  of  any  new  county, 
the  new  county  shall  be  held  for  and  obliged  to  pay  its  ratable 
proportion  of  all  the  liabilities  then  existing  of  the  county  or 
counties  from  which  said  new  county  shall  be  formed. 

Section  5.  When  any  part  of  a  county  is  stricken  off  and 
attached  to  another  county,  the  part  stricken  off  shall  be  holden 
for  and  obliged  to  pay  its  proportion  of  all  the  liabilities  then 
existing  of  the  county  from  which  it  is  taken. 

COUNTY  OFFICERS. 

Sec.  6.  In  each  county  there  shall  be  elected  for  the  term 
of  three  years  three  officers,  who  shall  be  styled  "the  board  of 
county  commissioners,''  who  shall  hold  sessions  for  the  trans- 
action of  county  business,  as  provided  by  law,  any  two  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business.  One 
of  said  commissioners  shall  be  elected  on  the  first  Tuesday  in 
October,  1876,  and  every  year  thereafter  one  such  officer  shall  be 
elected  in  each  county  at  the  general  election  for  the  term  of 
three  years ;  Provided,  That,  when  the  population  of  any  county 
shall  exceed  two  thousand,  the  board  of  county  commissioners 
may  consist  of  five  members,  who  shall  be  elected  as  provided 
by  law,  any  three  of  whom  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Sec.  7.  The  compensation  of  all  county  and  precinct  officers 
shall  be  as  provided  by  law. 

Sec.  8.  There  shall  be  elected  in  each  county  on  the  first 
Tuesday  in  October,  A.  D.  one  thousand  eight  hundred  and 
seventy-seven,  and  every  alternate  year  forever  thereafter,  one 
county  clerk,  who  shall  be  ex-officio  recorder  of  deeds,  and  clerk 
of  the  board  of  county  commissioners;  one  sheriff,  one  coroner, 
one  treasurer,  who  shall  be  collector  of  taxes;  one  county  super- 
intendent of  schools,  one  county  surveyor,  and  one  county 
assessor. 

Sec.  9.  In  case  of  a  vacancy  occurring  in  the  office  of 
county  commissioners,  it  shall  be  filed  by  appointment  of  the 
Governor;  and  in  case  of  a  vacancy  in  any  of  the  county  or 
precinct  officers,  it  shall  be  filled  by  the  appointment  of  the 
board  of  county  commissioners,  and  the  person  appointed  shall 
hold  office  until  the  next  general  election,  or  until  his  successor 
shall  be  duly  elected  and  qualified. 

Sec.  10.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  at  least  twenty-one  years  of  a'ge  and  a  quali- 
fied elector,  nor  unless  he  shall  have  resided  in  the  county  one 
year  preceding  his  election. 

Sec.  11.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen,  and  annually  thereafter,  be  elected  in  each 


460  PROCEEDINGS    OF    THE 

precinct  one  justice  of  the  peace  and  o'ne  constable,  who  shall 
each  hold  his  office  for  the  period  of  two  years.  Provided,  that, 
in  precincts  containing  five  thousand  or  more  inhabitants,  the 
number  of  justices  and  constables  may  be  increased  as  provided 
by  law. 

Sec.  12.  Except  as  otherwise  directed  in  this  Constitution, 
the  General  Assembly  shall  provide  for  the  election  or  appoint- 
ment of  such  other  county,  township  and  municipal  officers  as 
public  convenience  may  require;  and  their  terms  of  office  and 
duties  shall  be  as  prescribed  by  law,  but  no  term  of  office  shall 
exceed  two  years. 

Sec.  13.  The  General  Assembly  shall  provide  by  general 
laws  for  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four,  and  the  power 
of  each  class  shall  be  defined  by  general  laws,  so  that  all  munici- 
pal corporations  of  the  same  class  shall  possess  the  same  powers 
and  be  subject  to  the  same  restrictions. 

Sec.  14.  The  General  Assembly  shall  also  make  provisions 
by  general  law  whereby  any  city,  town  or  village  existing  by 
virtue  of  any  special  or  local  law  may  elect  to  become  subject 
to  and  be  governed  by  the  general  law  relating  to  such  corpora- 
tions. 

On  motion  of  Mr.  Wells,  the  article  on  Counties  as  adopted 
by  the  Convention  was  ordered  engrossed  and  referred  to  the 
Committee  on  Kevisions  and  Adjustments. 

The  President  presented  the  following  telegram  to  the  Con- 
vention from  the  Hon.  Thomas  M.  Patterson,  Delegate  to  Con 
gress : 

"Washington,  D.  C.,  February  28,  1876. 
"To  J.  C.  Wilson,  President  Constitutional  Convention. 

"Senate  has  just  passed  appropriation  bill  without  amend- 
ment, thirty-four  to  twenty. 

"T.  M.  PATTERSON." 

Mr.  Bromwell  offered  the  following  resolutions,  which,  on 
motion  of  Mr.  Stone,  were  adopted: 

Resolved,  That  this  Convention  appreciates  the  ability  and 
efficiency  with  which  the  interests  of  Colorado  have  been  repre- 
sented in  the  Congress  of  the  United  States  by  the  Hon.  Thomas 
M.  Patterson,  Delegate  from  Colorado. 

Resolved,  That  the  thanks  of  this  Convention  are  hereby 
tendered  to  Mr.  Patterson  for  his  exertion  in  behalf  of  this  Ter- 
ritory, with  the  assurance  that  we  believe  the  people  of  the 
Territory  join  with  us  in  the  sentiments  hereby  expressed. 

Resolved,  That  a  copy  of  these  resolutions,  properly  en- 
grossed and  certified  by  the  President  and  attested  by  the  Sec- 
retary of  the  Convention,  be  forwarded  to  Mr.  Patterson. 


ro.\sTm  TIONAL   CONVENTION.  101 

On  motion  of  Mr  \\Vlls.  i In-  report  of  the  Committee  of  the 
Whole  on  the  article  on  .Jndiriarv  and  the  supplementary  report 
of  tin-  < 'onmiii  tee  on  .ludieiarv  were  taken  from  the  table. 

Mr.  Wells  moved  that  the  vote  by  which  section  13  was 
adopted  by  reconsidered,  which  was  agreed  to. 

Mr.  Wells  moved  to  amend  section  13  by  adding  thereto  the 
words  "Provided,  That,  at  the  first  election,  any  person  of  tne 
requisite  ape  and  learning,  and  who  is  an  Hector  of  the  Territory 
of  Colorado  under  the  laws  thereof  at  the  time  of  the  adoption 
of  this  Constitution,  shall  be  eligible  to  the  office  of  Judge  ^of 
the  District  Court." 

And,  the  question  being;  upon  the  motion  of  Mr.  Wells  to 
amend  section  13,  and  being  put,  it  was  decided  in  the  affirma- 
tive. Ayes,  15;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are.  Messrs.  Bromwell,  Beck,  Clark,  Cooper,  Doug- 
las. Kllsworth,  Ebert,  Felton,  James,  Marsh,  Rockwell,  Vigil, 
Wells,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are:  Messrs.  Carr,  Hough, 
Lee.  Plumb,  Pease,  Quillian,  Stone,  Stover,  Webster,  Wheeler, 
Widderfield. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

Mr.  Widderfield  moved  to  amend  section  13  by  striking  out 
the  words  "twenty-five,"  in  second  line,  and  inserting  in  lieu  the 
word  "thirty,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  bv 
Mr.  Widderfield. 

Mr.  Stone  moved  to  further  amend  section  13  by  adding  there- 
to the  words  "of  the  Judicial  district  within  which  he  is  an 
elector,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Stone. 

On  motion  of  Mr.  James,  the  Convention  adopted  the  sub- 
stitute for  section  13  as  reported  by  the  Committee  of  the  Whole 
as  amended. 

Mr.  Quillian  moved  to  reconsider  the  vote  by  which  section 
12  was  adopted,  which  was  agreed  to. 

Mi\  Quillian  then  moved  to  amend  section  12  by  striking 
out  the  word  "five,"  in  first  line,  and  inserting  in  lieu  the  word 
"four." 

Mi.  Carr  moved  to  amend  the  amendment  offered  by  Mr. 
Qnillian  by  inserting  the  word  "three"  in  lieu  of  the  word  "five." 

And,  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  by  striking  out  the  word  "five,"  in  first  line,  and  inserting 
in  lieu  the  word  "three,"  and  being  put,  it  was  decided  in  the 
negative.  Ayes,  8;  noes,  17. 


4G2  PROCEEDINGS    OF    THE 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Carr,  Ebert,  James,  Lee,  Plumb,  Wells. 
Wheeler,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Brom 
well,  Beck,  Clark,  Cooper,   Douglas,  Ellsworth,  Felton,  Hough. 
Quillian,  Rockwell,  Stone,  Stover,  Vigil,  Webster,  Widderfleld, 
Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Carr. 

?  The  question  then  being  upon  the  motion  of  Mr.  Quillian 
to  strike  out  the  word  "five,"  in  first  line,  and  insert  in  lieu  the 
word  "four,"  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Quillian. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 

13,  as  reported  by  tht  Committee  of  the  Whole. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 

14,  as  reported  by  the  Committee  on  Judiciary  in  their  supple- 
mentary  report. 

Mr.  Wells  moved  to  amend  section  15  by  adding  thereto  the 
following  words :  "This  shall  not  be  construed  to  prevent  the 
holding  of  special  terms  in  any  county  as  heretofore  practised," 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Wells. 

On  motion,  the  Convention  adopted  section  15,  as  reported 
by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
amendment  to  section  16,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  words  "in  or,"  in  the  second  line. 

On  motion  of  Mr.  James,  the  Convention  adopted  section 
16,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Rockwell,  the  Convention  adopted  the 
substitute  for  section  17,  as  reported  by  the  Committee  on  Ju- 
diciary in  their  supplementary  report. 

On  motion  of  Mr.  Marsh,  the  Convention  concurred  in  the 
amendments  to  section  18,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  letter  "a"  in  first  line  and  insert 
in  lieu  the  word  "such;"  also,  to  strike  out  the  words  "of  five 
thousand  dollars  per  annum  payable  quarterly,"  in  the  first  and 
second  lines,  and  insert  in  lieu  the  words  "as  may  be  provided 
by  law." 

On  motion  of  Mr.  James,  the  Convention  adopted  section 
18,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Carr  moved  to  amend  the  substitute  for  section  19,  re- 
ported by  the  Committee  on  Judiciary,  in  their  supplementary 
report,  by  striking  out  the  words  "appointed  by  the  Judges  of 


CONSTITUTIONAL   CONVENTION.  463 

the  District  Courts  respect ivdv."  in  the  second  line  and  insert- 
ing in  lien  the  words  'vN-ctnl  hv  the  (|ii;iliii<d  electors  of  said 
count  v." 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  section  in.  ;md  ln-in^  j  ni.  ii  \v;is  decided  in  the  negative — 
ayes,  10;  noes,  HI. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
finnative  are — Messrs.  Bromwell,  Carr,  Cooper,  Ebert,  James, 
Lee.  Plumb.  Vigil,  Wheeler,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Boyles,  Beck, 
Clark,  Crosby,  Douglas,  Ellsworth,  Felton,  Hough,  Marsh, 
Pease,  Quillian,  Rockwell,  Stone,  Webster,  Wells,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Carr. 

Mr.  Douglas  moved  the  adoption  of  section  19,  as  reported 
by  the  Committee  on  Judiciary. 

And  the  question  being  upon  the  motion  of  Mr.  Douglas  to 
adopt  the  substitute  for  section  19,  reported  by  the  Committee 
on  Judiciary,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  17;  noes,  9. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Boyles,  Beck,  Clark,  Crosby,  Douglas, 
Ellswrorth,  Ebert,  Felton,  Hough,  Marsh,  Pease,  Quillian,  Rock- 
well, Stone,  Webster,  Wells,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Carr, 
Cooper,  James,  Lee,  Plumb,  Vigil,  Wheeler,  Yount. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Douglas 
to  adopt  section  19,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  the  Convention  adopted  section 
20,  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  resolutions  of- 
fered by  Mr.  Bromwell  this  afternoon  and  adopted  by  the  Con- 
vention as  'correctly  engrossed. 

On  motion  of  Mr.  Ellsworth,  the  Convention  adjourned  un- 
til 9  o'clock  a.  m.  to-morrow. 


464  PROCEEDINGS    OF    THE 


TUESDAY,  FEBRUARY  29TH,  A.  D.  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Bliss. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Garcia,  Head,  Meyer, 
Stover  and  White. 

The  Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  reading  of  the  Journal  be  dispensed  with,  which 
was  agreed  to. 

Mr.  Wells  asked  that  the  Committee  on  Revisions  and  Ad- 
justments have  leave  to  sit  during  the  sessions  of  the  Conven- 
tion, which,  on  motion  of  Mr.  Widderfield,  was  granted. 

Mr.  Yount  asked  that  the  Committee  on  Accounts  and  Ex- 
penditures of  the  Convention  have  leave  to  sit  during  the  ses- 
sions of  the  Convention,  which,  on  motion  of  Mr.  Hough,  was 
granted. 

On  motion  of  Mr.  Widderfield,  a  call  of  the  Convention  was 
ordered.  The  Secretary  proceeded  to  call  the  roll,  when  Mr. 
Widderfield  moved  that  further  proceedings  under  the  call  be 
dispensed  with,  which  was  agreed  to. 

So  the  Convention  then  resumed  the  unfinished  business  of 
yesterday,  viz.,  the  consideration  of  the  report  of  the  Committee 
of  the  Whole  on  the  article  on  Judiciary. 

On  motion  of  Mr.  James,  the  Convention  adopted  section 
21,  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  concurred  in  the 
amendments  to  section  22,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  in  the  first  line  the  word  "probate," 
and  insert  in  lieu  the  word  ''county,"  and  in  section  22  to  strike 
out  the  word  "four,"  in  second  line,  and  insert  in  lieu  the  word 
"three." 

Mr.  Beck  moved  to  amend  section  22,  by  inserting  after  the 
words  "organized  county,"  in  the  first  line,  the  words  "in  the 
year  of  our  Lord  One  Thousand  Eight  Hundred  and  Seventy- 
Seven,  and  every  three  years  thereafter,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 
22  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  Wheeler,  the  Convention  concurred  in  the 
amendment  to  section  23,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  word  "probate,"  in  first  line,  and 
insert  in  lieu  the  word  "county;"  also,  to  strike  out  the  word 
"am  "  in  the  sixth  line,  and  insert  in  lieu  the  word  "two." 


CONSTITUTIONAL    CONVENTION.  1<>.~ 

.Mr.  Felhm  moved  lo  ;unend  section  'j:'>.  l»v  striking  out  of 
the  fourth  iind  tiftli  lines  the  words  "involving  the  question 
of  title  or  boundaries  of  real  estate,  nor  in  any  case,"  wlm-h  \v;is 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Felton. 

Mr.  Bromwell  moved  to  amend  section  23,  by  striking  out 
of  the  eighth  line  the  word  "all,"  and  inserting  in  lieu  the  word 
"surli  ;v  and  to  insert  the  word  "and"  after  the  word  "cases." 

Mr.  Wells  moved  as  an  amendment  to  the  amendment  of- 
fered by  Mr.  Bromwell  to  insert  the  words  "and  the  Supreme 
Court,"  after  the  word  "courts,"  in  the  eighth  line;  also,  to  strike 
out  the  word  "all,"  in  same  line,  and  insert  the  word  "such,"  in 
lieu ;  and,  also,  to  insert  the  word  "and"  after  the  word'  "cases," 
in  the  same  line;  and  to  add  to  the  section  the  words  "writs  of 
error  shall  be  from  the  Supreme  Court  to  every  final  judgment 
of  the  County  Court.  No  appeal  shall  be  to  the  District  Court 
from  any  judgment  given  upon  appeal  from  a  Justice  of  the 
Peace." 

Which  amendment  was  accepted  by  Mr.  Bromwell. 

Mr.  Wells  then  moved  to  amend  section  23,  by  striking  out 
all  of  the  section  after  the  word  "persons,"  in  the  seventh  line, 
and  inserting  in  lieu  the  following  substitute: 

"Final  judgments  of  the  County  Court  may  be  reviewed  in 
the  District  or  Supreme  Court  in  such  manner  and  by  such  proc- 
ess as  shall  be  prescribed  by  law.  No  judgment  of  the  County 
Court  given  upon  an  appeal  from  the  judgment  of  any  Justice 
of  the  Peace  shall  be  reviewed  in  the  District  Court." 

And  the  question  being  upon  the  motion  of  Mr.  Wells  to 
strike  out  the  last  clause  of  section  23  and  insert  in  lieu  the 
substitute  offered  by  him,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Wells  to  strike  out  the  last  clause  of  the  section  and  insert  the 
substitute  therefor  offered  by  him. 

The  question  then  recurring  on  the  amendment  to  section 
2:>.  offered  by  Mr.  Bromwell,  as  amended  by  Mr.  Wells,  and 
being  put,  it  was  agreed  to. 

So  the  convention  concurred  in  the  amendment  of  Mr. 
Bromwell,  as  amended  by  Mr.  Wells. 

On  motion  of  Mr.  Bromwell,  the  Convention  adopted  section 

23  as  reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Stover  appeared  and  took  his  seat. 

Mr.  Felton  moved  that  the  Convention  concur  in  the  recom- 
mendation of  the  Committee  of  the  Whole  to  strike  out  section 

24  of  the  report  of  the  Committee  on  Judiciary,   which   was 
agreed  to.  f 

f  So  in  text. 


466  PROCEEDINGS    OF    THE 

So  the  Convention  refused  to  concur  in  the  recommendation 
of  the  Committee  of  the  Whole  to  strike  out  section  24. 

Mr.  Beck  moved  to  amend  section  24  by  striking  out  all  of 
section  after  the  word  "law,"  in  the  fourth  line,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

Mr.  Marsh  moved  to  amend  section  24  by  striking  out  the 
words  "below  the  grade  of  felony,"  in  the  third  line. 

Mr.  Bromwell  moved  to  amend  the  amendment  offered  by 
Mr.  Marsh,  by  inserting  in  lieu  of  the  words  stricken  out  the 
words  "not  capital." 

Mr.  Carr  gave  notice  that  he  would,  on  Tuesday  next  or  at 
some  subsequent  time,  move  that  the  vote  by  which  the  section 
in  Bill  of  Rights,  referring  to  felony,  was  adopted,  be  recon- 
sidered. 

The  question  being  on  the  motion  of  Mr.  Bromwell  to  strike 
out  the  words  "below  the  grade  of  felony,"  in  the  third  line,  and 
insert  in  lieu  the  words  "not  capital,"  and  being  put,  it  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell. 

Mr.  Clark  moved  to  strike  out  the  words  "may  have  con- 
current jurisdiction  with  the  District  Courts,"  and  insert  in 
lieu  the  words  "shall  have  exclusive  jurisdiction,"  which  was 
not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Clark. 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  24 
as  reported  by  the  Committee  on  Judiciary. 

Mr.  Stone  moved  to  reconsider  the  vote  by  which  section  23 
was  adopted,  which  was  agreed  to. 

Mr.  Stone  moved  to  amend  section  23,  by  inserting  after  the 
word  "other,"  in  the  third  line,  the  words  "civil  and  criminal." 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Stone. 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section 
23  as  reported  by  the  Committee  of  the  Whole  as  amended. 

On  motion  of  Mr.  Felton,  the  Convention  concurred  in  the 
amendments  to  section  25,  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  after  the  word  "the,"  in  the  third  line, 
the  words  "value  of  the  property  or  (the  amount  in  controversy) 
exceeds"  the  words  "the  sum  of." 

On  motion  of  Mr.  Beck,  the  Convention  adopted  section  25 
as  reported  by  the  Committee  of  the  Whole. 


CON  sill!    I  IONAL    CONVENTION.  467 

On  motion  of  Mr.  Hurd,  the  Convention  adopted  section  26 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Stone,  the  Convention  concurred  in  the 
aim'iuhiu'iil  to  section  27  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  in  the  third  line,  after  the  word  "their," 
the  words  "knowledge  and;"  also,  to  strike  out  the  words  "forms 
of,"  in  the  sixth  line. 

On  motion  of  Mr.  Stone,  the  Convention  adopted  section  27 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  28 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  the 
amendment  to  section  29  reported  by  the  Committee  of  the 
Whole,  viz.:  To  strike  out  the  words  "shall  hold  their  offices 
until  their  successors  shall  be  qualified,  and  they  shall;"  also, 
to  insert  the  word  "shall"  after  the  word  "court,"  in  the  second 
line. 

Mr.  Carr  moved  to  amend  section  29  by  striking  out  the 
words  "and  clerks  of  said  court,"  in  the  fifth  line,  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Carr. 

On  motion  of  Mr.  S^one,  the  Convention  adopted  section  29 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hough,  the  Convention  adopted  section  30 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Carr  moved  to  amend  section  9  by  striking  out  the 
words  "appointed  by  the  judges  thereof,  and  shall  hold  his  office 
during  the  pleasure  of  said  judges,"  and  inserting  in  lieu  the 
words  "elected  by  the  qualified  electors  of  the  State." 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  section  9,  and  being  put,  it  was  decided  in  the  negative. 
Ayes,  12;  noes,  17. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Carr,  Cooper,  Ebert,  Hurd,  Lee,  Plumb, 
Stover,  Vigil,  Wheeler,  Widderfield,  Yonnt. 

Those  voting  in  the  negative  are: 

Messrs.  Beck,  Clark,  Crosby,  Douglas,  Ellsworth,  Elder, 
Felton,  Hough,  Marsh,  Pease,  Quillian,  Rockwell,  Stone, 
Thatcher,  Webster,  Wells,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendments 
[amendment]  offered  by  Mr.  Carr. 

Mr.  Marsh  moved  the  adoption  of  section  9,  as  reported  by 
the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Marsh  to 
adopt  section  9,  and  being  put,  it  was  decided  in  the  affirma- 
tive. Ayes,  18;  noes,  11. 


468  PROCEEDINGS    OP    THE 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Beck,  Clark,  Crosby,  Douglas,  Ellsworth, 
Elder,  Felton,  Hough,  Marsh,  Pease,  Quillian,  Rockwell,  Stone, 
Thatcher,  Webster,  Wells,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Carr,  Cooper,  Ebert,  Kurd,  Lee,  Plumb,  Stover, 
Vijil,  Wheeler,  Widderfield,  Yount. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Marsh 
to  adopt  section  9,  as  reported  by  the  Committee  on  Judiciary. 

Mr.  Stone  moved  that  the  recommendation  of  the  Com- 
mittee of  the  Whole  to  strike  out  section  4  of  the  additional 
section  to  the  article  on  Judiciary,  introduced  by  Mr.  Bromwell, 
and  insert  in  lieu  a  substitute  therefor,  be  concurred  in  by 
the  Convention. 

And  the  question  being  upon  the  motion  of.  Mr.  Stone  to 
concur  in  the  recommendation  of  the  Committee  of  the  Whole, 
and  being  put,  it  was  decided  in  the  affirmative.  Ayes,  20 ; 
noes,  9. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Beck,  Clark,  Crosby,  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Hough,  Marsh,  Pease,  Quillian,  Rockwell,  Stone, 
Thatcher,  Vigil,  Webster,  Wells,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Carr,  Cooper,  Hurd,  Lee,  Plumb,  Stover, 
Wheeler,  Yount. 

So  the  Convention  concurred  in  the  recommendation  of  the 
Committee  of  the  Whole. 

Mr.  Ellsworth  moved  the  adoption  of  the  substitute  for 
section  4,  as  reported  by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Ellsworth 
to  adopt  the  substitute  for  section  4,  as  reported  by  the  Com- 
mittee of  the  Whole,  and  being  put,  it  was  decided  in  the  affirma- 
tive. Ayes,  23;  noes,  6. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Clark,  Cooper,  Crosby, 
Elder,  Ebert,  Felton,  Lee,  Marsh,  Plumb,  Quillian,  Rockwell, 
Stover,  Thatcher,  Vigil,  Webster,  Wells,  Wheeler,  Widderfield, 
Yount,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Douglas,  Ellsworth,  Hurd,  Hough,  Pease,  Stone. 

So  the  Convention  adopted  the  substitute  for  section  4,  as 
reported  by  the  Committee  of  the  Whole. 

Mr.  Widderfield  moved  that  the  Convention  concur  in  the 
recommendation  of  the  Committee  of  the  Whole,  to  strike  out 


CONSTITUTIONAL    CONVENTION.  469 


section   ."»   of   the  additional    scriinns.    inl  nxlm-cd    by    Mr. 
well. 

And  the  (]in'siion  lichm  upon  tin-  motion  of  Mr.  Widderfield 
to  <  oncur  in  the  recommendation  of  thhe  Committee  of  the 
Whole,  and  hem"  put,  it  was  decided  in  the  attinnativc.  Ayes, 
19;  noes,  12. 

The  nvcs  and  noes  being  called  for,  those  voting  in  the 

alVirniativc  are: 

Messrs.  Boyles,  Clark,  Crosby,  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Hough,  Marsh,  Pease,  Quillian,  Rockwell,  Stone, 
Thatcher,  Webster,  Wells,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cooper,  Hurd,  Lee,  Plumb, 
Stover,  Vigil,  White,  Wheeler,  Yount. 

So  the  Convention  concurred  in  the  recommendation  of 
the  Committee  of  the  Whole,  to  strike  out  section  5. 

Mr.  Douglas  moved  that  the  Convention  concur  in  the 
recommendation  of  the  Committee  of  the  Whole,  to  strike  out 
section  6  of  the  additional  sections  introduced  by  Mr.  Brom- 
well. 

And  the  question  being  upon  the  motion  of  Mr.  Douglas, 
to  concur  in  the  recommendation  of  the  Committee  of  the 
Whole,  to  strike  out  section  6,  and  being  put,  it  was  decided  in 
the  affirmative.  Ayes,  19;  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Boyles,  Clark,  Crosby/  Douglas,  Ellsworth,  Elder, 
Ebert,  Felton,  Hough,  Pease,  Quillian,  Rockwell,  Stone, 
Thatcher,  Marsh,  Webster,  Wells,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cooper,  Hurd,  Lee,  Plumb, 
Stover,  Vigil.  White,  Wheeler  and  Yount. 

So  the  Convention  concurred  in  the  recommendation  of  the 
Committee  of  the  Whole,  to  strike  out  section  6  of  the  addi- 
tional sections  introduced  by  Mr.  Bromwell. 

Mr.  Carr  moved  to  reconsider  the  vote  by  which  section 
23  was  adopted  by  the  Convention,  which  was  agreed  to. 

Mr.  Carr  moved  to  amend  section  23,  by  striking  out  the 
word  "and"  after  the  word  "courts,"  in  the  eighth  line,  and  in- 
sert in  lieu  the  word  "or." 

Mr.  Boyles  moved  to  amend  the  amendment  offered  by  Mr. 
Carr,  by  striking  out  the  words  "and  to  the  Supreme  Court." 

And  the  question  being  upon  the  motion  of  Mr.  Boyles  to 
strike  out  the  words  "and  to  the  Supreme  Court,"  and  being  put, 
it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered bv  Mr.  Bovles. 


470  PROCEEDINGS    OF    THE 

The  question  then  recurring  on  the  motion  to  amend  offered 
by  Mr.  Carr,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered 
by  Mr.  Carr  to  section  23. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  23, 
as  reported  by  the  Committee  of  the  Whole,  as  amended. 

So  the  Convention  adopted  the  article  on  Judiciary  in  the 
words  following: 

ARTICLE  (— .) 

JUDICIAL  DEPARTMENT. 

Section  1.  The  Judicial  power  of  the  State,  as  to  matters 
of  law  and  equity,  except  as  in  this  Constitution  otherwise 
provided,  shall  be  vested  in  a  Supreme  Court,  District  Courts, 
County  Courts,  Justices  of  the  Peace  and  such  other  courts  as 
may  be  created  by  law,  for  cities  and  incorporated  towns. 

SUPREME  COURT. 

Sec.  2.  The  Supreme  Court,  except  in  cases  otherwise  di- 
rected herein,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State,  and  shall  have  a  general 
superintending  control  over  all  inferior  courts. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  habeas  cor- 
pus, mandamus,  quo  warranto,  certiorari,  injunction  and  other 
original  and  remedial  writs,  with  authority  to  hear  and  deter- 
mine the  same. 

Sec.  4.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  each  year  at  the  seat  of  government. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large,  as  hereinafter  provided. 

Sec.  7.  The  terms  of  office  of  the  judges  of  the  Supreme 
Court,  except  of  those  chosen  at  the  first  election,  as  herein- 
after provided,  shall  be  nine  years. 

Sec.  8.  The  judges  of  the  Supreme  Court  shall,  immedi- 
ately after  the  first  election  under  this  Constitution,  be  classi- 
fied by  lot,  so  that  one  shall  hold  his  office  for  the  term  of  three 
years,  one  for  the  term  of  six  years,  and  one  for  the  term  of  nine 
years,  the  judge  having  the  shortest  time  to  serve,  not  holding 
his  office  by  appointment  or  election  to  fill  a  vacancy,  shall  be 
the  chief  justice,  and  as  such  shall  preside  at  all  terms  of  the 
Supreme  Court,  and  in  case  of  his  absence,  the  judge  having  in 
like  manner  the  next  shortest  term  to  serve  shall  preside  in 
his  stead. 

Sec.  9.  There  shall  be  a  clerk  of  the  Supreme  Court,  who 
shall  be  appointed  by  the  judges  thereof,  and  shall  hold  his 


CONSTITUTIONAL   CONVENTION.  471 

otlire  (Iminu  ihe  pleasure  of  said  judges,  and  whose  duties  and 
emoluments  shall  In-  us  prescribed  by  law  and  by  the  rules  of 
the  Supreme  Court. 

Sec.  ]().  No  person  sliall  be  eligible  to  the  office  of  judge 
of  i lie  Supreme  Court  unless  he  shall  be  learned  in  the  law,  be 
at  least  thirty  years  of  age,  and  a  citizen  of  the  United  States, 
nor  unless  he  slmll  have  resided-  in  this  State  or  territory  at 
least  two  years  next  preceding  his  election. 

DISTRICT  COURTS. 

s.  < .  11.  The  District  Courts  shall  have  original  jurisdic- 
tion of  all  cases,  both  at  law  and  in  equity,  and  such  appellate 
jurisdiction  as  may  be  provided  by  law. 

Sec.  12.  The  State  shall  be  divided  into  four  Judicial  dis- 
tricts, in  each  of  which  there  shall  be  elected  by  the  electors 
thereof  one  judge,  who  shall  be  the  judge  of  the  District  Court 
therein,  and  whose  term  of  office  shall  be  six  years. 

The  judges  of  the  District  Courts  may  hold  courts  for  each 
other,  and  shall  do  so  when  required  by  law. 

Sec.  13.  No  person  shall  be  eligible  to  the  office  of  dis- 
trict judge  unless  he  shall  be  learned  in  the  law,  be  at  least 
thirty  years  old,  and  a  citizen  of  the  United  States;  nor  unless 
he  shall  have  resided  in  this  State  or  Territory  at  least  two 
years  next  preceding  his  election;  nor  unless  he  shall,  at  the 
time  of  his  election,  be  an  elector  within  the  judicial  district 
for  which  he  is  elected ;  Provided,  That,  at  the  first  election,  any 
person  of  the  requisite  age  and  learning,  and  who  is  an  elector 
of  the  Territory  of  Colorado,  under  the  laws  thereof,  at  the  time 
of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the 
office  of  judge  of  the  District  Court  of  the  judicial  district 
within  which  he  is  an  elector. 

Sec.  14.  Unless  otherwise  provided  by  law,  said  districts 
shall  be  as  follows,  viz.:  First  district,  the  counties  of  Boul- 
der, Jefferson,  Gilpin,  Clear  Creek  and  Grand;  Second  district, 
the  counties  of  Arapahoe,  Douglas,  Elbert,  Weld  and  Larimer; 
Third  district,  the  counties  of  Park,  El  Paso.  Fremont,  Pueblo, 
Bent,  Las  Animas  and  Huerfano;  Fourth  district,  the  counties  of 
Costilla,  Conejos,  Rio  Grande,  San  Juan,  La  Plata,  Hinsdale, 
Saguache  and  Lake. 

Sec.  15.  The  time  of  holding  courts  within  the  said  dis- 
tricts shall  be  as  provided  by  law,  but  at  least  one  term  of  the 
District  Court  shall  be  held  in  each  county  in  each  year,  except 
in  such  counties  as  may  be  attached,  for  judicial  purposes,  to 
some  other  county  wherein  such  courts  are  so  held.  This  shall 
not  be  construed  to  prevent  the  holding  of  special  terms  in 
any  county,  as  heretofore  practised. 

Sec.  16.  The  General  Assembly,  whenever  two-thirds  of 
the  members  of  each  house  shall  concur  therein,  may,  after  the 
year  1880,  and  not  oftener  than  once  in  every  six  years,  increase 


472  PROCEEDINGS    OP    THE 

the  number  of  judges  of  the  District  Courts  and  the  Judicial  dis- 
tricts of  the  State.  Such  districts  shall  be  formed  of  compact 
territory,  and  bounded  by  county  lines,  but  such  increase  or 
change  in  the  boundaries  of  a  district  shall  not  vacate  the  office 
of  any  judge. 

Sec.  17.  The  General  Assembly  may  provide  that,  after 
the  year  1878,  the  election  of  the  judges  of  the  Supreme,  Dis- 
trict and  County  Courts,  and  the  district  attorneys,  or  any  of 
them,  shall  be  on  a  different  day  from  that  on  which  an  elec- 
tion is  held  for  any  other  purpose,  and  at  such  judicial  election 
no  person  shall  be  voted  for  except  candidates  for  the  offices 
aforesaid,  until  otherwise  provided  by  law.  Such  officers  shall 
be  elected  at  the  time  of  holding  the  general  elections;  Pro- 
vided, That,  for  the  purpose  of  filling  a  vacancy  occurring  more 
than  one  year  prior  to  the  expiration  of  the  term  of  office  made 
vacant,  such  vacancy  shall  be  filled  at  the  general  election  next 
ensuing,  and  until  such  vacancy  is  filled  at  such  election,  the 
same  shall  be  filled  by  appointment  by  the  Governor. 

Sec.  18.  The  judges  of  the  Supreme  and  District  Courts 
shall  each  receive  such  salary  as  may  be  provided  by  law,  and 
no  such  judge  shall  receive  any  other  compensation,  perquisite 
or  emolument  for  or  account  of  his  office  in  any  form  whatever, 
nor  act  as  attorney  or  counselor  at  law  in  any  manner  what- 
ever. 

Sec.  19.  There  shall  be  a  clerk  of  each  District  Court  for 
each  county  in  which  such  court  is  held,  who  shall  be  appointed 
by  the  judges  of  the  District  Courts  respectively,  who  shall  hold 
his  office  during  the  pleasure  of  the  judge,  and  whose  duties 
and  compensation  shall  be  as  provided  by  law,  and  regulated 
by  the  rules  of  the  court. 

Sec.  20.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  judges  of  the 
Supreme  and  District  Courts  respectively  shall  fix  the  terms 
thereof. 

Sec.  21.  There  shall  be  elected  at  each  judicial  election  a 
district  attorney  for  each  Judicial  district,  whose  term  of  office 
shall  be  three  years,  and  whose  duties  and  compensation  shall 
be  as  provided  by  law. 

No  person  shall  be  eligible  to  the  office  of  district  attorney 
who  shall  not,  at  the  time  of  his  election,  be  at  least  twenty- 
five  years  of  age,  and  possess  all  the  other  qualifications  re- 
quired of  judges  of  the  District  Courts  in  this  article. 

COUNTY  COUETS. 

Sec.  22.  There  shall  be  elected  at  the  general  election  in 
each  organized  county,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-seven,  and  every  three  years  there- 
after, a  county  judge,  who  shall  be  judge  of  the  County  Court 


CONSTITUTIONAL   CONVENTION.  473 

of  said  county,   whose  term  of  oll'ice  shall   be   three  years,  and 
whose  compensation  shall  be  such  as  may  be  provided  by  law. 

Sec.  -•'!.  County  Courts  shall  be  courts  of  record,  and  shall 
have  original  jurisdiction  williin  each  county  in  all  matters  of 
probate,  settlement  of  estates  of  deceased  persons,  appointment 
<•(  -iiardiaus,  conservators  and  administrators,  and  settlement 
of  their  accounts,  and  such  other  civil  and  criminal  jurisdic- 
tion as  may  bo  conferred  by  law;  Provided,  Such  courts  shall 
not  have  jurisdiction  in  any  case  where  the  debt,  or  damage, 
or  claim,  or  value  of  property  involved  shall  exceed  tw*o  thou- 
sand dollars,  except  in  cases  relating  to  the  estates  of  deceased 
persons. 

Appeals  may  be  taken  from  County  to  District  Courts,  or 
to  the  Supreme  Court,  in  such  cases,  and  in  such  manner  as  may 
be  provided  by  law. 

Writs  of  error  shall  be  from  the  Supreme  Court  to  every 
final  judgment  of  the  County  Court.  No  appeal  shall  be  to  the 
District  Court  from  any  judgment  given  upon  appeal  from  a 
justice  of  the  peace. 

Sec.  24.  The  General  Assembly  shall  have  power  to  create 
and  establish  a  criminal  court  in  each  county  having  a  popula- 
tion exceeding  fifteen  thousand,  which  courts  may  have  con- 
current jurisdiction  with  the  District  Courts  in  all  criminal 
cases  not  capital,  the  terms  of  such  courts  to  be  as  provided  by 
law. 

Sec.  25.  Justices  of  the  peace  shall  be  elected  in  and  for 
such  precincts  or  districts,  and  have  such  jurisdiction  as  may 
be  conferred  by  law;  Provided,  That  no  justice  of  the  peace  shall 
have  jurisdiction  of  any  civil  case  wherein  the  value  of  property 
or  the  amount  in  controversy  exceeds  the  sum  of  three  hundred 
dollars,  nor  where  the  boundaries  or  title  to  real  property  shall 
be  called  in  question. 

POLICE  MAGISTRATES. 

Sec.  26.  The  General  Assembly  shall  have  power  to  pro- 
vide for  creating  such  police  magistrates  for  cities  and  towns 
as  may  be  deemed  from  time  to  time  necessary  or  expedient. 

MISCELLANEOUS. 

Sec.  27.  The  judges  of  courts  of  record  inferior  to  the  Su- 
preme Court  shall  on  or  before  the  first  day  of  July  in  each  year 
report  in  writing  to  the  judges  of  the  Supreme  Court  such  de- 
fects and  omissions  in  the  laws  as  their  knowledge  and  experi- 
ence may  suggest,  and  the  judges  of  the  Supreme  Court  shall, 
on  or  before  the  first  day  of  December  of  each  year,  report  in 
writing  to  the  Governor,  to  be  by  him  transmitted  to  the  Gen- 
eral Assembly,  together  with  his  message,  such  defects  and 
omissions  in  the  Constitution  and  laws  as  they  may  find  to  ex- 
ist, together  with  appropriate  bills  for  curing  the  same. 


474  PROCEEDINGS    OF    THE 

Sec.  28.  All  laws  relating  to  courts  shall  be  general  and 
of  uniform  operation  throughout  the  State,  and  the  organiza- 
tion, jurisdiction,  powers,  proceedings  and  practice  of  all  the 
courts  of  the  same  class  or  grade,  so  far  as  regulated  by  law, 
and  the  force  and  effect  of  the  proceedings,  judgments  and  de- 
crees of  such  courts  severally,  shall  be  uniform. 

Sec.  29.  All  officers  provided  for  in  this  article,  except 
judges  of  the  Supreme  Court,  shall  respectively  reside  in  the 
district,  county,  precinct,  city  or  town  for  which  they  may  be 
elected  or  appointed.  Vacancies  in  elective  offices  shall  be  filled 
by  election,  but  when  the  unexpired  term  does  not  exceed  one 
year  the  vacancies  shall  be  filled  by  appointment,  as  follows: 
Of  judges  of  the  Supreme  and  District  Courts  by  the  Governor; 
of  district  attorneys,  by  the  judge  or  judges  of  the  court  to 
which  the  office  appertains,  and  of  all  the  (other)  judicial  officers, 
by  the  board  of  county  commissioners  of  the  county  where  the  va- 
cancy occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  "The  People 
of  the  State  of  Colorado."  All  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  "The  People  of  the  State 
of  Colorado,"  and  conclude  "against  the  peace  and  dignity  of 
the  same." 

Sec.  31.  The  District  Courts  shall  have  original  jurisdic- 
tion to  determine  all  controversies  upon  relation  of  any  person 
on  behalf  of  the  people  of  the  State  concerning  the  rights,  duties 
and  liabilities  of  any  railroad,  telegraph  or  toll  road  companies 
or  corporations. 

On  motion  of  Mr.  Clark  the  article  on  Judiciary,  as  adopted 
by  the  Convention,  was  ordered  engrossed  and  referred  to  the 
Committee  on  Kevisions  and  Adjustments. 

There  being  no  objection,  Mr.  Wells,  chairman  of  the  Com- 
mittee on  Kevisions  and  Adjustments,  presented  the  report  of 
that  committee  on  the  article  entitled  State  Institutions  and 
Buildings,  as  follows,  and  on  his  own  motion  it  was  ordered 
printed  and  laid  npou  the  table  for  future  consideration. 

February  29,  1876. 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion: 

Your  Committee  upon  Revisions  and  Adjustments,  to  whom 
was  briefly  recommitted  their  former  report  on  State  Institu- 
tions and  Buildings,  beg  leave  to  report  the  same  back,  with 
sundry  emendations,  as  set  forth  in  the  accompanying  draft  of 
said  article  as  recommended  by  your  committee. 

Respectfully  submitted, 

E.  T.  WELLS, 

Chairman. 


CONSTITUTIONAL   CONVENTION.  475 

STATE  INSTITUTIONS  AND  BUILDINGS. 

S.M-tion  1.  Kdin-ational,  reformatory  and  penal  institutions, 
and  those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute, 
and  such  other  institutions  as  the  public  good  may  require,  shall 
be  established  and  supported  by  the  State  in  such  manner  as 
may  be  prescribed  by  law. 

Sec.  2.  Stricken  out  because  provided  for  in  section  7,  ar- 
ticle on  Executive  Department. 

Sec.  3.  To  be  considered  with  section  10,  of  article  on  Edu- 
cation. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to 
change  or  to  locate  the  seat  of  government  of  the  State,  but 
shall,  at  its  first  session  subsequent  to  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eighty,  provide  by  law  for  sub- 
mitting the  question  of  the  permanent  location  of  the  seat  of 
government  to  the  qualified  electors  of  the  State  at  the  general 
election  then  next  ensuing,  and  a  majority  of  all  the  votes  upon 
said  question  cast  at  said  election  shall  be  necessary  to  deter- 
mine the  location  thereof;  said  General  Assembly  shall  also 
provide  that  in  case  there  shall  be  no  choice  of  location  at  said 
election,  the  question  of  choice  between  the  two  places  for  which 
the  highest  number  of  votes  shall  have  been  cast  shall  be  sub- 
mitted in  like  manner  to  the  qualified  electors  of  the  State  at 
the  next  general  election;  Provided,  That  until  the  seat  of  gov- 
ernment shall  have  been  permanently  located,  as  herein  pro- 
vided, the  temporary  location  thereof  shall  remain  at  the  city 
of  Denver. 

Sec.  5.  When  the  seat  of  government  shall  have  been  lo- 
cated, as  herein  provided,  the  location  thereof  shall  not  there- 
after be  changed  except  by  a  vote  of  two-thirds  of  all  the  qual- 
ified electors  of  the  State  voting  on  that  question  at  a  general 
election,  at  which  the  question  of  location  of  the  seat  of  govern- 
ment shall  have  been  submitted  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  make  no  appropria- 
tion or  expenditure  for  capitol  buildings  or  grounds  until  the 
seat  of  government  shall  have  been  permanently  located,  as 
herein  provided. 

Sec.  •  The  following  Territorial  institutions,  to  writ,  the 
University  at  Boulder,  the  Agricultural  College  at  Fort  Collins, 
the  School  of  Mines  at  Golden,  and  the  Institute  for  the  Edu- 
cation of  Mutes  at  Colorado  Springs,  shall,  upon  the  adoption 
of  the  Constitution,  become  institutions  of  the  State  of  Colo- 
rado, and  the  management  thereof,  subject  to  the  control  of 
the  State  under  such  laws  and  regulations  as  the  General  As- 
sembly shall  provide,  and  the  location  of  said  institutions,  as 
well  as  all  gifts,  grants  and  appropriations  of  money  and  prop- 
erty, real  and  personal,  heretofore  made  to  said  several  institu- 
tions, are  hereby  confirmed  to  the  use  and  benefit  of  the  same 
respectively;  Provided,  This  section  shall  not  apply  to  any  in- 


47G  PROCEEDINGS    OF    THE 

stitution,  the  property,  real  or  personal,  of  which  is  not  vested 
in  the  trustees  thereof,  until  such  property  be  transferred  by 
proper  conveyance,  together  with  the  control  thereof,  to  the 
officer  provided  for  the  management  of  said  institution  by  the 
Constitution  or  by  law. 

Mr.  Wells  also  presented  the  report  of  that  committee  on 
the  article  on  Officers  and  Oath  of  Office,  as  follows,  which  on  his 
own  motion  was  laid  upon  the  table  for  future  consideration. 

Denver,  Colorado,  February  29,  1876. 
To  the  Honorable  President  and  Constitutional  Convention: 

The  Committee  on  Revisions  and  Adjustments,  having  had 
under  consideration  the  article  entitled  Officers  and  Oath  of 
Office,  which  was  recommitted  to  them  by  order  of  the  Conven- 
tion, respectfully  report  the  same  back,  with  a  substitute,  rec- 
ommended to  be  adopted  in  lieu  of  section  1  thereof,  and  with 
sundry  emendations  in  the  remaining  sections  thereof,  all  of 
which  is  respectfully  submitted. 

E.  T.  WELLS, 

Chairman. 
OFFICERS  AND  OATH  OF  OFFICE. 

Substitute  Recommended. 

Section  1.  Every  person  holding  any  civil  office  under  the 
State,  or  any  municipality  therein,  shall,  unless  removed  accord- 
ing to  law,  exercise  the  duties  of  such  office  until  his  successor 
is  duly  qualified,  but  the  General  Assembly  may  by  law  pro- 
vide for  suspending  any  officer  in  his  functions  pending  impeach- 
ments or  prosecution  for  misconduct  in  office.  This  section 
shall  not  apply  to  members  of  the  General  Assembly,  nor  to 
members  of  any  board  or  assembly,  two  or  more  of  whom  are 
elected  at  the  same  time. 

For 

Section  1.  Every  person  holding  office  under  this  State, 
or  any  municipality  therein,  either  by  election  or  appointment, 
shall  exercise  the  duties  of  his  office  until  his  successor  is  duly 
qualified  according  to  law. 

Sec.  2.  No  person  shall  hold  any  office  or  employment  of 
trust  or  profit  under  the  laws  of  the  State,  or  any  ordinance  of 
any  municipality  therein,  without  devoting  his  personal  atten- 
tion to  the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now  or  hereafter  may  become  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to  or  assume  the  duties 
of  any  office  of  trust  or  profit  in  this  State,  under  the  laws 
thereof,  or  of  any  municipality  therein,  until  he  shall  have  ac- 
counted for  and  paid  over  all  public  money  for  which  he  may  be 
accountable. 


CON  si  i  ii   i  !«.\A1.   CONTENTION.  477 

B  .  I.  Ni»  person  hereafter  <-on\  icted  of  einbe//.lement  of 
public  moneys.  bribei\.  |».-rjur\.  solicitation  of  bribery,  or  sub- 
ornation of  perjury,  shall  !»«•  eligible  to  the  <u'ii«-ral  Assembly 
•  •i  .  apable  of  holding  any  ofl'nv  <>f  trust  or  profit  in  this  State. 

Bee,  :».  Tin-  District  Court  of  each  county  shall,  at  each 
term  thereof,  sjMM-ially  give  in  charge  to  thr  grand  jury,  if  there 
be  one,  the  laws  regulating  thr  accountability  of  the  county 
treasurer,  ami  shall  appoint  a  commit  tee  of  such  grand  jury,  or 
of  other  reputable  persons,  not  exceeding  five,  to  investigate 
the  othYial  accounts  and  affairs  of  the  treasurer  of  such  county, 
and  report  to  the  court  the  condition  thereof.  The  judge  of 
the  District  Court  may  appoint  a  like  committee  in  vacation  at 
any  time,  but  not  oftener  than  once  in  every  three  months. 

The  District  Court  of  the  county  wherein  the  seat  of  gov- 
ernment may  be  shall  have  the  like  power  to  appoint  commit- 
tees to  investigate  the  official  accounts  and  affairs  of  the  State 
Treasurer  and  the  Auditor  of  State. 

Sec.  6.  Any  civil  officer  who  shall  solicit,  demand  or  re- 
ceive or  consent  to  receive,  directly  or  indirectly,  for  himself  or 
for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  rewara, 
thing  of  value  or  enjoyment,  or  of  personal  advantage  or  prom- 
ise thereof,  for  his  vote,  official  influence  or  action,  or  for  with- 
holding the  same,  or  with  an  understanding  that  his  official  in- 
fluence or  action  shall  be  in  any  way  influenced  thereby,  or  who 
shall  solicit  or  demand  any  such  money  or  advantage,  matter 
or  thing  aforesaid,  for  another,  as  the  consideration  of  his  vote, 
official  influence  or  action,  or  for  withholding  the  same,  or  shall 
give  or  withhold  his  vote,  official  influence  or  action  in  consid- 
eration of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing,  to  another,  shall  be  held  guilty  of  bribery,  or 
solicitation  of  bribery,  as  the  case  may  be,  within  the  meaning 
of  this  Constitution,  and  shall  incur  the  disabilities  provided 
thereby  for  such  offense  and  such  additional  punishment  as  is 
or  shall  be  prescribed  by  law. 

Sec.  7.  If  any  person  elected  to  either  house  of  the  Gen- 
eral Assembly  shall  offer  or  promise  to  give  his  vote  or  influ- 
ence in  favor  of  or  against  any  measure  or  proposition  pending, 
or  proposed  to  be  introduced  in  the  General  Assembly,  in  con- 
sideration or  upon  condition  that  any  other  person  elected 
to  the  General  Assembly  wil  give  or  will  promise  or  assent  to 
give  his  vote  or  inlluence  in  favor  of  or  against  any  other  meas- 
ure, proposition  pending,  or  proposed  to  be  introduced  in  such 
General  Assembly,  the  person  making  such  offer  or  promise 
shall  be  deemed  guilty  of  solicitation  of  bribery.  If  any  mem- 
!"•!•  of  the  General  Assembly  shall  give  his  vote  or  influence  for 
01  against  any  measure  or  proposition  pending  in  such  General 
Axv.-mhly.  or  ofl'er.  promise  or  assent  so  to  do  upon  condition 
that  any  other  member  will  give  or  will  promise  or  assent  to 

his  vote  or  influence  in  favor  of  or  against  any  other  meas 


478  PROCEEDINGS   OF   THE 

ure  or  proposition  pending,  or  proposed  to  be  introduced  in  such 
General  Assembly,  or  in  consideration  that  any  other  member 
hath  given  his  vote  or  influence  for  or  against  any  other  meas- 
ure or  proposition  in  such  General  Assembly,  he  shall  be  deemed 
guilty  of  bribery,  and  any  member  of  the  General  Assembly  or 
person  elected  thereto  who  shall  be  guilty  of  either  of  such  of- 
fenses shall  be  expelled,  and  shall  not  thereafter  be  eligible  to 
the  same  General  Assembly,  and  on  conviction  thereof  in  the 
civil  courts  shall  be  liable  to  such  further  penalty  as  may  be 
prescribed  by  law. 

Sec.  8.  Members  of  the  General  Assembly,  before  they  en- 
ter upon  their  official  duties,  shall  take  the  following  oath  or 
affirmation: 

You  do  solemnly  swear  (or  affirm)  that  you  will  support 
the  Constitution  of  the  United  States  and  the  Consti- 
tution of  the  State  of  Colorado,  and  that  you  will  faithfully 
perform  the  duties  of  your  office  according  to  the  best  of  your 
ability. 

This  oath  or  affirmation  shall  be  administered  in  the 
hall  of  the  house  to  which  the  member  is  elected. 

Sec.  9.  All  civil  officers,  except  members  of  the  Genera] 
Assembly,  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the  State 
of  Colorado,  and  that  I  will  faithfully  discharge  he  duties  of 
the  office  of  ,  whereon  I  am  about  to  enter,  accord- 
ing to  the  best  of  my  ability. 

Sec.  10.  Officers  of  the  Executive  department  and  judges 
of  the  Supreme  and  District  Courts  and  district  attorneys  shall 
file  their  oaths  of  office  with  the  Secretary  of  State;  every  other 
officer  shall  file  his  oath  of  office  with  the  county  clerk  of  the 
county  wherein  he  shall  have  been  elected. 

(Section  11  struck  out  and  carried  on  schedule.) 

On  motion  of  Mr.  Plumb,  the  consideration  of  the  report  of 
the  Committee  on  Revenue  and  Finance  was  made  the  special 
order  for  2  o'clock  this  afternoon. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on  Bill 
of  Rights  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Revisions  and  Adjustments. 

The  President  appointed  Messrs.  Felton,  Ellsworth,  Ken- 
nedy, Wheeler  and  Marsh  a  Special  Committee  to  prepare  ordi- 
nance in  accordance  with  the  resolution  adopted  yesterday. 

On  motion  of  Mr.  Webster,  the  Convention  adjourned  until 
2  o'clock  p.  m. 


CONSTITUTIONAL    CONVENTION.  479 

2  O'CLOCK  I'.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Crosby, 
Hough,  Garcia,  Head,  James,  Kennedy,  Lee,  Meyer,  Quillian, 
Stone. 

The  President,  for  Mr.  Wells,  chairman  of  the  Committee 
on  Revisions  and  Adjustments,  presented  a  report  of  that  com- 
mittee, as  follows: 

Denver,  Colorado,  February  29,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention: 
Your  Committee  on  Revisions  and  Adjustments,  having  had 
under  consideration  the  article  embracing  the  Executive  Depart- 
ment, beg  leave  to  report  the  same  back  to  the  Convention, 
with  sundry  corrections,  and  recommend  that  the  same  be 
printed  and  laid  on  the  table  for  the  consideration  and  approval 
of  the  Convention. 

Respectfully  submitted, 

E.  T.  WELLS, 

Chairman. 
EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General  ,and  Superintendent 
of  Public  Instruction,  each  of  whom  shall  hold  his  office  for  the 
term  of  two  years,  beginning  on  the  second  Tuesday  of  January 
next  after  his  election;  Provided,  That  the  terms  of  office  of 
those  chosen  at  the  first  election  held  under  this  Constitution 
shall  begin  on  the  day  appointed  for  the  first  meeting  of  the 
General  Assembly.  The  officers  of  the  Executive  department, 
except  the  Lieutenant  Governor,  shall,  during  their  term  of  of- 
fice, reside  at  the  seat  of  government,  wrhere  they  shall  keep  the 
public  records,  books  and  papers.  They  shall  perform  such  duties 
as  are  prescribed  by  this  Constitution  or  by  law. 

Sec.  2.  The  supreme  Executive  power  of  the  State  shall  be 
vested  in  the  Governor,  who  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  3.  ,  The  officers  named  in  section  1  of  this  article  shall 
be  chosen  on  the  day  of  the  general  election  by  the  qualified 
electors  of  the  State.  The  returns  of  every  election  for  said 
officers  shall  be  sealed  up  and  transmitted  to  the  Secretary  of 
State,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall  immediately  upon  the  organization  of  the  House,  and 
before  proceeding  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  the  members  of  both  houses 
of  the  General  Assembly,  who  shall  for  that  purpose  assemble 
in  the  House  of  Representatives.  The  person  having  the  high- 
est number  of  votes  for  either  of  said  offices  shall  be  declared 
duly  elected,  but  if  two  or  more  have  an  equal  and  the  highest 


480  PROCEEDINGS    OF    THE 

number  of  votes  for  the  same  office,  one  of  them  shall  be  chosen 
thereto  by  the  two  houses-on  joint  ballot.  Contested  elections 
for  the  said  offices  shall  be  determined  by  the  two  houses  on 
joint  ballot  in  such  manner  as  may  be  prescribed  by  law. 

(Section  4  stricken  out  because  provided  for  in  the  article 
on  Impeachment.) 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor, Lieutenant  Governor,  or  Superintendent  of  Public  In- 
struction, unless  he  shall  have  attained  the  age  of  thirty  years, 
nor  to  the  office  of  Auditor  of  State,  Secretary  of  State  or  State 
Treasurer  unless  he  shall  have  attained  the  age  of  twenty-five 
years;  nor  to  the  office  of  Attorney  General  unless  he  shall  have 
attained  the  age  of  twenty-five  years,  and  be  a  licensed  attorney 
of  the  Supreme  Court  of  the  State  or  of  the  Territory  of  Colo- 
rado in  good  standing.  At  the  first  election  under  the  Constitu- 
tion any  person  being  a  qualified  elector  at  the  time  of  the  adop- 
tion of  the  Constitution,  and  having  the  qualifications  above 
herein  prescribed  for  any  one  of  said  offices,  shall  be  eligible 
thereto;  but  thereafter  no  person  shall  be  eligible  to  any  one  of 
said  offices  unless,  in  addition  to  the  qualifications  above  pre- 
scribed therefor,  he  shall  be  a  citizen  of  the  United  States,  and 
shall  have  resided  within  the  limits  of  the  State  two  years  next 
preceding  his  election. 

Sec.  6.  The  Governor  shall  be  commander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  actual  service  of  the  United  States.  He  shall  have  power 
to  call  out  the  militia  to  execute  the  laws,  suppress  insurrec- 
tion or  repel  invasion. 

Sec.  7.  The  Governor  shall  nominate  and  by  and  with  the 
consent  of  the  Senate  appoint  all  officers  whose  offices  are 
established  by  the  Constitution,  or  which  may  be  created  by 
law,  and  whose  appointment  or  election  is  not  otherwise  pro- 
vided for,  and  may  remove  any  such  officer  for  incompetency, 
neglect  of  duty,  or  malfeasance  in  office.  If,  during  a  recess  of 
the  Senate,  a  vacancy  occur  in  any  such  office,  the  Governor 
shall  appoint  some  fit  person  to  discharge  the  duties  thereof 
until  the  next  meeting  of  the  Senate,  when  he  shall  nominate 
some  person  to  fill  such  office.  If  the  office  of  Auditor  of  State, 
State  Treasurer,  Secretary  of  State,  Attorney  General  or  Su- 
perintendent of  Public  Instruction  shall  be  vacated  by  death, 
resignation  or  otherwise,  it  shall  be  the  duty  of  the  Governor 
to  fill  the  same  by  appointment,  and  the  appointee  shall  hold 
his  office  until  his  successor  shall  be  elected  and  qualified,  in 
such  manner  as  may  be  provided  by  law.  The  Senate,  on  delib- 
erating upon  Executive  nominations,  may  sit  with  closed  doors, 
but  in  acting  upon  nominations,  they  shall  sit  with  open  doors, 
and  the  vote  shall  be  taken  by  ayes  and  noes,  which  shall  be 
entered  upon  the  Journal. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction  for  all  offenses  ex- 


CONSTITUTIONAL    CONVENTION.  481 


<vpt  i  reason,  and  cxrcjM  in  case  of  impeachment,  subject  to 
surh  regulations  as  may  IK*  prescribed  l»v  law  relative  to  the 
manner  of  applying  for  pardons,  but  he  shall,  in  every  case 
where  he  may  ex<  -n  -isc  iliis  power,  send  to  the  General  Assem- 
bly. at  its  first  session  thereafter.  a  transcript  of  the  petition, 
all  proceedings  and  the  reasons  for  his  action. 

Sec.  9.  The  Governor  may  require  information  in  writing 
limn  the  officers  of  the  Executive  department  upon  any  subject 
H'laiing  to  the  duties  of  their  respective  offices,  which  informa- 
tion shall  be  given  upon  oath  whenever  so  required;  he  may  also 
require  information  in  writing  at  any  time  under  oath  from  all 
officers  and  managers  of  State  institutions  upon  any  subject  're- 
lating to  the  condition,  management  and  expenses  of  their  re- 
spective offices  and  institutions.  The  Governor  shall,  at  the 
commencement  of  each  session,  and  from  time  to  time  by  mes- 
sage, give  to  the  General  Assembly  information  of  the  condi- 
tion of  the  State,  and  shall  recommend  such  measures  as  he 
shall  deem  expedient.  He  shall  also  send  to  the  General  As- 
sembly a  statement  with  vouchers  of  the  expenditures  of  all 
moneys  belonging  to  the  State  and  paid  out  by  him.  He  shall 
also  at  the  commencement  of  each  session  present  estimates 
of  the  amount  of  money  required  to  be  raised  by  taxation  for 
all  purposes  of  the  State. 

Sec.  11.  The  Governor,  in  case  of  a  disagreement  between 
the  two  houses  as  to  the  time  of  adjournment,  may,  upon  the 
same  being  certified  to  him  by  the  house  last  moving  adjourn- 
ment, adjourn  the  General  Assembly  to  a  day  not  later  than 
the  first  day  of  the  next  regular  session. 

(Section  12  carried  to  section  7.) 

Sec.  13.  Every  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he 
approve  he  shall  sign  it,  and  thereupon  it  shall  become  a  law, 
but  if  he  do  not  approve,  he  shall  return  it  with  his  objections 
to  the  house  in  which  it  originated,  which  house  shall  enter 
the  objections  at  large  upon  its  Journal,  and  proceed  to  recon- 
sider the  bill.  If  then  two-thirds  of  the  members  elected  agree 
to  pass  the  same,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  the  members  elected  to  that 
house,  it  shall  become  a  law,  notwithstanding  the  objections 
of  the  Governor.  In  all  such  cases  the  vote  of  each  house 
shall  be  determined  by  ayes  and  noes,  to  be  entered  upon  the 
Journal.  If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  un- 
less the  General  Assembly  shall,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  be  filed  with  his  objections  in 
the  office  of  the  Secretary  of  State  within  thirty  days  after 
such  adjournment,  or  else  become  a  law. 

16 


482  PROCEEDINGS    OF    THE 

Sec.  14.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  law,  and  the  item  or  items  disapproved  shall  be 
void  unless  enacted  in  manner  following:  If  the  General  As- 
sembly be  in  session  he  shall  transmit  to  the  house  in  which 
the  bill  originated  a  copy  of  the  item  or  items  thereof  disap- 
proved, together  with  his  objections  thereto,  and  the  items  ob- 
jected to  shall  be  separately  reconsidered,  and  each  item  shall 
then  take  the  same  course  as  is  prescribed  for  the  passage  of 
bills  over  the  Executive  veto. 

Sec.  15.  In  case  of  the  death,  impeachment  or  conviction 
of  felony  or  infamous  misdemeanor,  failure  to  qualify,  resigna- 
tion, absence  from  the  State  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  office  for  the  residue 
of  the  term,  or  until  the  disabilities  be  removed,  shall  devolve 
upon  the  Lieutenant  Governor. 

Sec.  16.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate,  and  shall  vote  only  when  the  Senate  is  equally  di- 
vided. In  case  of  the  absence,  impeachment  or  disqualification 
from  any  cause  of  the  Lieutenant  Governor,  or  when  he  shall 
hold  the  office  of  Governor,  then  the  President  pro  tempore  of 
the  Senate  shall  perform  the  duties  of  Lieutenant  Governor  un- 
til the  vacancy  is  filled  or  the  disability  removed. 

Sec.  17.  In  case  of  the  failure  to  qualify  in  his  office, 
death,  resignation,  absence  from  the  State,  impeachment,  con- 
viction of  felony  or  infamous  misdemeanor,  or  disqualification 
from  any  cause  of  both  the  Governor  and  Lieutenant  Governor, 
the  duties  of  the  Governor  shall  devolve  on  the  President  of 
the  Senate  pro  tempore,  until  such  disqualification  of  either  the 
Governor  or  Lieutenant  Governor  be  removed,  or  the  vacancy 
be  filled,  and  if  the  President  of  the  Senate,  for  any  of  the  above 
named  causes,  shall  become  incapable  of  performing  the  duties 
of  Governor,  the  same  shall  devolve  upon  the  Speaker  of  the 
House. 

Sec.  18.  An  account  shall  be  kept  by  the  officers  of  the 
Executive  department  and  of  all  public  institutions  of  the  State 
of  all  moneys  received  by  them  severally  from  all  sources,  and 
for  every  service  performed,  and  of  all  moneys  disbursed  by 
them  severally,  and  a  semi-annual  report  thereof  shall  be  made 
to  the  Governor  under  oath. 

Sec.  19.  The  officers  of  the  Executive  department  and  of 
all  public  institutions  of  the  State  shall  at  least  twenty  days 
preceding  each  regular  session  of  the  General  Assembly  make 
full  and  complete  report  of  their  actions  to  the  Governor,  who 
shall  transmit  the  same  to  the  General  Assembly. 

Sec.  20.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  the  State,  and  shall  be  called  the  "great 
seal  of  the  State  of  Colorado."  The  seal  of  the  Territory  of  Col- 


CONSMTI  TIONAL   CONVENTION.  483 

01-jnIo,  MS  now  usr«l.  sh;ill  be  the  seal  of  tli<i  State  until  other- 
wise provided  by  law. 

Sec.  21.  The  officers  named  in  section  1  of  this  article 
shall  receive  for  their  services  a  salary,  to  be  established  by 
law.  which  shall  not  be  increased  or  diminished  during  their 
oHirial  terms.  It  shall  be  the  duty  of  all  such  officers  to  collect 
in  advam •<•  all  fn-s  pi-escribed  by  law  for  services  rendered  by  them 
severally.  ami  pay  ihe  same  into  the  State  Treasury. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall  be 
ex  officio  State  Librarian. 

Sec.  23.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  be  eligible  for  re-election  as  his  own  immediate  successor. 

On  motion  of  Mr.  Thatcher,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Messrs.  Quillian,  Stone,  James  and  Hough  appeared  and 
took  their  seats. 

On  motion  of  Mr.  Felton,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  to  consider  the  report  of  the  Com- 
mittee on  Revenue  and  Finance,  Mr.  White  in  the  chair. 

And  after  some  time  spent  therein,  the  President  resumed 
the  chair  and  Mr.  White  submitted  the  following  report : 

Denver,  February,  29th,  1876. 

To  the  Hon,  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Committee  on  Revenue  and 
Finance,  having,  according  to  order,  had  under  consideration  said 
report,  have  directed  me  to  report  the  same  back,  with  sundry 
amendments  thereto,  and  ask  the  concurrence  of  the  Convention 
therein,  in  the  words  following: 

G.  G.  WHITE, 
Chairman  of  the  Committee  of  the  Whole. 

REVENUE  AND  FINANCE. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
annual  tax,  sufficient,  with  other  resources,  to  defray  the  esti- 
mated expenses  of  the  S-tate  government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  territorial  limits  of  the  authority  levying  the 
tax  and  shall  be  levied  and  collected  under  general  laws,  which 
shall  prescribe  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property,  real  and  personal;  Provided,  That 
mines  and  mining  claims  bearing  gold,  silver  and  other  precious 
metals  except  the  net  proceeds  and  surface  improvements  there- 
of, shall  be  exempt  from  taxation  for  the  period  of  ten  years 


484  PROCEEDINGS    OP    THE 

from  the  date  of  the  adoption  of  this  Constitution  and  thereafter 
be  taxed  as  may  be  provided  by  law. 

Sec.  4.  The  property,  real  and  personal,  of  the  State,  coun- 
ties, cities,  towns  and  other  municipal  corporations,  and  public- 
libraries,  shall  be  exempt  from  taxation. 

Sec.  5.  Buildings  used  exclusively  for  religious  worship, 
for  public  schools  or  for  purely  charitable  purposes,  including 
the  ground  upon  which  they  stand,  not  exceeding  one  hundred 
and  fifty  feet  square;  also,  cemeteries  not  used  or  held  for  private 
or  corporate  profit,  shall  be  exempt  from  taxation,  unless  other- 
wise provided  by  law. 

Sec.  6.  All  laws  exempting  property  from  taxation,  other 
than  hereinbefore  mentioned,  shall  be  void. 

Sec.  7.  The  General  Assembly  shall  not  impose  taxes  upon 
counties,  cities,  towns  or  other  municipal  corporations  or  upon 
the  inhabitants  thereof  for  any  county,  city,  town  or  other  mu- 
nicipal purposes,  but  may  by  general  law  vest  in  the  corporate 
authorities  thereof  the  power  to  assess  and  collect  taxes  for  such 
purposes. 

Sec.  8.  No  county,  city,  town  or  other  municipal  corpora- 
tion, the  inhabitants  thereof  nor  the  property  therein  shall  be 
released  or  discharged  from  their  or  its  proportionate  share  of 
taxes  to  be  levied  for  State  purposes. 

Sec.  9.  The  power  to  tax  corporations  and  corporate  prop- 
erty, real  and  personal,  shall  never  be  relinquished  or  suspended 
by  any  contract  or  grant  to  which  the  State  shall  be  a  party. 

Sec.  10.  All  corporations  in  this  State  or  doing  business 
therein  shall  be  subject  to  taxation  for  State,  county,  school, 
municipal  and  other  purposes  on  the  real  and  personal  property 
owned  or  used  by  them  within  the  territorial  limits  of  the  author- 
ity levying  the  tax. 

Sec.  11.  The  State  tax  on  property  shall  never  exceed  six 
mills  on  each  dollar  of  valuation,  and  whenever  the  taxable  prop- 
erty of  the  State  shall  amount  to  one  hundred  million  dollars  the 
rate  shall  not  exceed  four  mills  on  each  dollar  of  valuation ;  and 
whenever  the  taxable  property  of  the  State  shall  amount  to  three 
hundred  million  dollars  the  rate  shall  never  thereafter  exceed  two 
mills  on  each  dollar  valuation,  unless  the  proposition  to  increase 
such  tax  shall  be  submitted  to  a  vote  of  the  people,  and  a  major- 
ity of  those  who  in  the  year  next  preceding  such  election  shall 
have  paid  a  property  tax  assessed  to  them  shall  vote  in  favor 
thereof,  in  such  manner  as  provided  by  law. 

Sec.  12.  All  moneys  belonging  to  the  State  shall  immedi 
ately  on  the  receipt  thereof  by  the  State  Treasurer  be  deposited 
to  the  credit  of  the  State  in  such  bank  or  banks  as  he  may  select, 
with  the  approval  of  the  Governor  and  the  Attorney  General; 
such  bank  or  bank  or  banks  giving  security  satisfactory  to  the 
Governor  and  Attorney  General  for  the  safe  keeping  and  pay- 
ment of  such  deposit  whenever  demanded  by  the  State  Treasurer 


CONSTITI   TIONAL    rn\  VKNTION.  485 

nn  his  du'ck  ;  sncli  bank  tn  pay  ;i  bonus  fnr  the  use  of  SUCh  de- 
pnsii.  sucli  IHIIIIIS  tn  !M>  linl  less  than  that  |i;ii<l  h\  other  banks 
fnr  similar  deposits,  and  the  same,  tn»-et  her  with  all  interest  and 
profit  as  may  accrue  therein,  shall  IM>  disbursed  by  said  Treasurer 
for  the  purposes  of  the  State  upon  warrants  drawn  by  the  State 
Auditor  according  to  law,  and  not  otherwise. 

Sec.  13.  Tlie  Treasurer  shall  keep  a  separate  account  of  the 
funds,  and  the  number  and  amount  of  warrants  received  and  from 
whom,  and  shall  publish,  in  such  manner  as  the  (inveruor  may 
designate,  a  quarterly  statement  showing  the  amount  of  State 
moneys  and  where  the  same  are  kept  or  deposited. 

Sec.  14.  The  making  profit  out  of  State,  county,  city,  town, 
or  school  district  money,  or  using  the  same  for  any  purpose  not 
author!/*  d  by  law,  by  any  public  officer,  shall  be  deemed  a  felony 
and  shall  be  punished  as  provided  by  law. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for  the 
payment  of  the  corporate  debt  of  municipal  corporations. 

Sec.  16.  Every  law  enacted  by  the  General  Assembly  creat- 
ing a  debt  or  authorizing  a  loan  for  State  purposes  shall  provide 
for  a  sinking  fund  for  the  payment  of  such  debt  or  loan  within 
a  period  not  exceeding  fifteen  and  not  less  than  ten  years.  After 
the  payment  of  the  debt  for  which  such  sinking  fund  has  been 
provided  the  balance,  if  any,  to  the  credit  of  the  fund  shall  im- 
mediately be  placed  to  the  credit  of  the  general  fund  of  the  State. 

Sec.  17.  There  shall  be  a  State  Board  of  Equalization,  con- 
sisting of  the  Governor,  State  Auditor,  State  Treasurer,  Secre- 
tary of  State  and  Attorney  General;  also  in  each  county  of  this 
State  a  county  board  of  equalization,  consisting  of  the  board  of 
county  commissioners  of  said  county.  The  duty  of  the  F'tate 
Board  of  Equalization  shall  be  to  adjust  and  equalize  the  value 
of  real  and  personal  property  among  the  several  counties  of  the 
State.  The  duty  of  the  county  board  of  equalization  shall  be  to 
adjust  and  equalize  the  valuation  of  real  and  personal  property 
within  their  respective  counties.  Each  board  shall  also  perform 
such  other  duties  as  may  be  prescribed  by  law. 

On  motion  of  Mr.  James,  the  report  was  received. 

On  motion  of  .Mr.  Rockwell,  sections  9  to  11  of  the  report 
of  the  Committee  on  Mines  and  Mining  were  taken  from  the 
table. 

On  motion  of  Mr.  Dark,  the  further  consideration  of  sections 
9,  10  and  11  of  the  report  of  the  Committee  on  Mines  and  Mining 
was  indefinitely  postponed. 

On  motion  of  Mr.  Beck,  the  report  of  the  Committee  of  the 
Whole  on  the  article  on  Revenue  and  Finance  was  laid  upon  the 
table,  and  its  consideration  made  the  special  order  for  to-morrow 
at  2  o'clock. 

Mr.  Thatcher,  for  Mr.  Wells,  Chairman  of  the  Committee  on 
Revisions  and  Adjustments,  presented  a  report  of  that  committee, 
as  follows : 


486  PROCEEDINGS    OF    THE 

Denver,  February  29,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  Revisions  and  Adjustments,  having  had 
under  consideration  the  Bill  of  Rights  adopted  by  the  Convention, 
respectfully  report  sundry  emendations  therein,  as  appears  by  a 
copy  thereof  hereto  attached;  all  of  which  is  respectfully  sub- 
mitted. 

E.  T.  WELLS, 

Chairman. 
BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties  and 
proclaim  the  principles  upon  which  our  Government  is  founded, 
we  declare : 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people ;  that  all  government  of  right  originates  from  the 
people,  is  founded  upon  their  will  only,  and  is  instituted  solely 
for  the  good  of  the  whole. 

Sec.  2.  The  people  of  this  State  have  the  sole  and  exclusive 
right  of  governing  themselves  as  a  free,  sovereign  and  independent 
State,  and  -to  alter  and  abolish  their  Constitution  and  form  of 
government  whenever  they  may  deem  it  necessary  to  their  safety 
and  happiness;  provided,  such  change  be  not  repugnant  to  the 
Constitution  of  the  United  States. 

Sec.  3.  That  all  persons  have  certain  natural,  essential  and 
inalienable  rights,  among  which  may  be  reckoned  the  right  of 
enjoying  and  defending  their  lives  and  liberties;  that  of  acquir- 
ing, possessing  and  protecting  property,  and  of  seeking  and  ob- 
taining their  safety  and  happiness. 

Sec.  4.  That  the  free  exercise  and  enjoyment  of  religious 
profession  and  worship, without  discrimination,  shall  forever  here- 
after be  guaranteed,  and  no  person  shall  be  denied  any  civil  or 
political  right,  privilege  or  capacity  on  account  of  his  opinions 
concerning  religion;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  construed  to  dispense  with  oaths  or  affirmations,  ex- 
cuse acts  of  licentiousness  or  justify  practices  inconsistent  with 
the  good  order,  peace  or  safety  of  the  State.  No  person  shall  be 
required  to  attend  or  support  any  ministry  or  place  of  worship, 
religious  sect  or  denomination  against  his  consent;  nor  shall  any 
preference  be  given  by  law  to  any  religious  denomination  or  mode 
of  worship. 

Sec.  5.  That  all  elections  shall  be  free  and  open,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent  the 
free  exercise  of  the  right  of  suffrage. 

Sec.  6.  That  the  courts  of  justice  shall  be  open  to  every 
person  and  a  speedy  remedy  afforded  for  every  injury  to  person, 
property  or  character,  and  that  right  and  justice  should  be  ad- 
ministered without  sale,  denial  or  delay. 


CONST1TI   Tlo.NAI.    ro.\  VF.NTIOX.  487 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  luniies  and  effects  from  unreasonable  searches  and  seiz- 
ures, and  no  warrant  to  search  any  place  or  seize  any  person  or 
tiling  shall  issue  without  describing  the  place  to  be  searched  or 
the  person  or  thing  to  be  sei/ed,  as  near  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  allirmation  reduced  to  writ- 
ing. 

Sec.  S.  That,  until  otherwise  provided  by  lav/,  no  person 
shall  for  a  felony  be  proceeded  against  criminally  otherwise  than 
by  indictment,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger;  in  all  other  cases  offenses  shall  be  prosecuted  criminally 
by  indictment  or  information. 

Sec.  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort;  that  no  person  can  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  his 
confession  in  open  eaurt;  that  no  person  can  be  attainted  of  trea- 
son or  felony  by  the  General  Assembly;  that  no  conviction  can 
work  corruption  of  blood  or  forfeiture  of  estate;  that  the  estates 
of  such  persons  as  may  destroy  their  own  lives  shall  descend  or 
vest  as  in  case  of  natural  death. 

Sec.  10.  That  no  law  shall  be  passed  impairing  the  freedom 
of  speech ;  that  every  person  shall  be  free  to  speak,  write  or  pub- 
lish whatever  he  will  on  any  subject,  being  responsible  for  all 
abuse  of  that  liberty,  and  that  in  all  suits  and  prosecutions  for 
libel  the  truth  thereof  may  be  given  in  evidence,  and  the  jury 
under  the  direction  of  the  court  shall  determine  the  law  and  the 
fact. 

Sec.  11.  That  no  ex  post  facto  law  nor  law  impairing  the 
obligation  of  contracts,  or  retrospective  in  its  operation,  or  mak- 
ing any  irrevocable  grant  of  special  privileges,  franchises  or 
immunities,  shall  be  passed  by  the  General  Assembly. 

Sec.  12.  That  no  person  shall  be  imprisoned  for  debt,  unless 
upon  refusal  to  give  up  his  estate  for  the  benefit  of  his  creditors 
in  such  manner  as  shall  be  prescribed  by  law,  or  in  cases  of  tort, 
or  where  there  is  a  strong  presumption  of  fraud. 

Sec.  13.  That  the  rights  of  no  person  to  keep  and  bear  arms 
in  defense  of  his  home,  person  and  property,  or  in  aid  of  the  civil 
power  when  thereto  legally  summoned,  shall  be  called  in  question; 
but  nothing  herein  contained  shall  be  construed  to  justify  the 
practice  of  carrying  concealed  weapons. 

Sec.  14.  That  private  property  shall  not  be  taken  for  pri- 
vate use,  unless  by  consent  of  the  owner,  except  for  private  ways 
of  necessity  and  except  for  reservoirs,  drains,  flumes  or  ditches  on 
or  across  the  lands  of  others  for  agricultural,  mining,  milling, 
domestic  or  sanitary  purposes. 

Sec.  15.  That  private  property  shall  not  be  taken  or  dam- 
aged for  public  or  private  use  without  just  compensation:  such 
compensation  shall  be  ascertained  by  a  board  of  commissioners 


488  PROCEEDINGS    OF    THE 

of  not  less  than  three  freeholders  or  by  a  jury,  when  required  by 
the  owner  of  the  property,  in  such  manner  as  may  be  prescribed 
by  law,  and  until  the  same  shall  be  paid  to  the  owner,  or  into 
court  for  the  owner,  the  property  shall  not  be  needlessly  disturbed 
or  the  property  rights  of  the  owner  therein  divested;  and  when- 
ever an  attempt  is  made  to  take  private  property  for  a  use  alleged 
to  be  public,  the  question  whether  the  contemplated  use  be  really 
public  shall  be  a  judicial  question  and  determined  as  such  with- 
out regard  to  any  legislative  assertion  that  the  use  is  public. 

Sec.  16.  That  in  criminal  prosecutions  the  accused  shall 
have  the  right  to  appear  and  defend  in  person  and  by  counsel ;  to 
demand  the  nature  and  cause  of  the  accusations;  to  meet  the 
witnesses  against  him  face  to  face;  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial 
by  an  impartial  jury  of  the  county  or  district  in  which  the  of- 
fense is  alleged  to  have  been  committed. 

Sec.  17.  That  no  person  shall  be  imprisoned  for  the  purpose 
of  securing  his  testimony  in  any  case  longer  than  may  be  nec- 
essary in  order  to  take  his  deposition.  If  he  can  give  security 
he  shall  be  discharged;  if  he  cannot  give  security  his  deposition 
shall  be  taken  by  some  judge  of  the  District,  Supreme  or  County 
Court  at  the  earliest  time  he  can  attend,  at  some  convenient  place 
by  him  appointed  for  that  purpose,  of  which  time  and  place  the 
accused  and  the  attorney  prosecuting  for  the  people  shall  have 
reasonable  notice.  The  accused  shall  have  the  right  to  appear 
in  person  and  by  counsel;  if  he  have  no  counsel  the  judge  shall 
assign  him  one  in  that  behalf  only;  on  the  completion  of  such 
examination  the  witness  shall  be  discharged  on  his  own  recog- 
nizance entered  into  before  said  judge;  but  such  deposition  shall 
not  be  used  if  in  the  opinion  of  the  court  the  personal  attendance 
of  the  witness  might  be  procured  by  the  prosecution  or  is  pro- 
cured by  the  accused.  No  exception  shall  be  taken  to  such  depo- 
sition as  to  matters  of  form. 

Sec.  18.  That  no  person  shall  be  compelled  to  testify  against 
himself  in  a  criminal  case,  nor  shall  any  person  be  twice  put  in 
jeopardy  for  the  same  offense.  If  the  jury  does  (not)  agree,  or  if 
the  judgment  be  arrested  after  a  verdict,  or  if  the  judgment  be 
reversed  for  error  in  law,  the  accused  shall  not  be  deemed  to 
have  been  in  jeopardy. 

Sec.  19.  That  all  persons  shall  be  bailable  by  sufficient 
(sureties),  except  for  capital  offenses,  when  the  proof  is  evident 
or  the  presumption  great. 

Sec.  20.  That  excessive  bail  shall  not  be  required  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual  punishment  inflicted. 

Sec.  21.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  never  be  suspended,  unless  when  in  case  of  rebellion  or  in- 
vasion the  public  safety  may  require  it. 

Sec.  22.  That  the  military  shall  always  be  in  strict  subor- 
dination to  the  civil  power ;  that  no  soldier  shall  in  time  of  peace 


ro.NSTITI   TIONAL    ro.NVKNTION.  4-SO 

be  quartered  in  any  house  without  (he  consent  of  ilie  owner,  nor 
in  time  of  wjir.  e\rep<  in  the  manner  prescribed  by  law. 

Sec.  23.  The  right  of  trial  by  jury  shall  remain  inviolate 
in  criminal  cases,  but  a  jury  in  civil  cases  in  all  courts  or  in 
criminal  cases  in  courts  not  of  record  may  consist  of  less  than 
twelve  men,  as  may  be  prescribed  by  law.  Hereafter  a  grand 
jury  shall  consist  of  twelve  men,  any  nine  of  whom  concurring 
may  find  an  indictment  :  provided,  the  General  Assembly  may 
change,  regulate  or  abolish  the  grand  jury  system. 

Sec.  24.  That  the  people  have  the  right  peaceably  to  assemble 
for  the  common  good  and  to  apply  to  those  invested  with  the 
powers  of  government  for  redress  of  grievances  by  petition  or 
remonstrance. 

Sec.  25.  That  no  person  shall  be  deprived  of  life,  liberty  or 
properly  without  due  process  of  law. 

Sec.  2<>.  That  there  shall  never  be  in  this  State  either  slavery 
or  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  27.  Aliens  who  are  or  who  may  hereafter  become  bona 
fide  residents  of  this  State  may  acquire,  inherit,  possess,  enjoy 
and  dispose  of  property,  real  and  personal,  as  native-born  citizens. 

Sec.  28.  The  enumeration  in  this  Constitution  of  certain 
rights  shall  not  be  construed  to  deny,  impair  or  disparage  others 
retained  by  the  people. 

On  motion  of  Mr.  Thatcher,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on  State, 
County  and  Municipal  Indebtedness  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Thatcher,  the  rules  were  suspended  and  the 
vote  by  which  the  report  of  Committee  on  Accounts  and  Expendi- 
tures of  Convention  was  adopted  was  reconsidered. 

On  motion  of  Mr.  Thatcher,  the  report  was  recommitted  to 
that  committee. 

On  motion  of  Mr.  Marsh,  the  consideration  of  the  article  on 
Irrigation,  Agriculture  and  Manufactures  was  made  the  special 
order  for  to-morrow  after  the  regular  order  of  business. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  9 
o'clock  a.  m.  to-morrow. 


490  PROCEEDINGS    OF    THE 


WEDNESDAY,  MARCH  1,  1876,  9  O'CLOCK. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Keller. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Ebert,  Garcia, 
Hurd,  Head,  Kennedy,  Meyer,  Stone  and  White. 

The  Journal  having  been  partially  read,  Mr.  Widderfield 
moved  that  the  reading  of  so  much  of  the  Journal  as  embraced 
the  reports  of  Standing  Committees  be  dispensed  with,  which  was 
agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Yount,  Chairman  of  the  Committee  on  Accounts  and  Ex- 
penditures of  Convention,  reported  back  their  former  report  in 
reference  to  the  mileage  of  members,  wTith  certain  corrections 
therein,  viz. :  Robert  A.  Quillian,  350  miles'  mileage,  at  15  cents, 
152.50 ;  Willie  McCord,  51  days,  at  $5,  $255.00. 

On  motion  of  Mr.  James,  the  report  was  received. 

On  motion  of  Mr.  James,  the  report  was  adopted. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Public  and  Private  Cor- 
porations as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Revisions  and  Adjustments. 

Mr.  Cooper  also  reported  back  the  a'rticles  on  Militia  and 
Future  Amendments  as  correctly  engrossed,  and,  there  being  no 
objection,  they  were  referred  to  the  Committee  on  Revisions  and 
Adjustments  for  adjustment  in  the  Constitution. 

Mr.  Plumb,  Chairman  of  the  Committee  on  Irrigation,  Agri- 
culture and  Manufactures,  presented  the  following  report  of  that 
committee,  which,  on  his  own  motion,  was  laid  upon  the  table  to 
be  taken  up  when  the  article  on  Irrigation,  Agriculture  and 
Manufactures  is  before  the  Convention : 

Denver,  March  1,  1876. 
To  the  Honorable  President  and  Constitutional   Convention   of 

Colorado : 

Gentlemen — Your  Committee  on  Irrigation,  Agriculture  and 
Manufactures,  to  whom  was  referred  section  four  (4)  of  said 
article,  together  with  sundry  amendments,  beg  leave  to  state 
that  they  have  had  the  same  under  consideration  and  would 
recommend  the  following  as  a  substitute  section,  all  of  which  is 
respectfully  submitted : 

S.  J.  PLUMB, 

Chairman. 

Section  4.  The  General  Assembly  shall  provide  by  law  that 
the  board  of  county  commissioners  in  their  respective  counties 


CONSTITUTIONAL   C'ONVi: VlloN.  491 

shall  have  power,  when  application  is  made  to  them  by  either 
party  interested,  to  establish  reasonable  maximum  rales  to  be 
charged  for  the  use  of  water  furnished  by  individuals  or  cor- 
porations. 

Mr.  ('lark  gave  notice  that  he  would  on  Friday  next  or  at 
some  subsequent  time  move  to  reconsider  the  vote  by  which  sec- 
tion 1  of  the  artiele  on  Kdncalion  and  Educational  Institutions 
was  adopted,  in  order  to  strike  out  so  much  of  the  section  as 
relates  to  text  books  in  common  schools. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  the  report  of  that  committee  on  the 
article  on  Legislature  and  Legislation,  as  follows,  which,  on  his 
own  motion,  was  ordered  printed  and  laid  on  the  table  for  future 
consideration : 

Denver,  March  1,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  Revisions  and  Adjustments,  having  had 
under  consideration  the  article  on  Legislature  and  Legislation, 
the  article  on  Impeachment  and  the  section  in  regard  to  adulter- 
ated liquors,  beg  leave  to  report  the  same,  with  sundry  emenda- 
tions, which  appear  by  the  several  copies  of  said  articles  and 
sections  which  are  hereto  attached;  all  of  which  is  respectfully 
submitted. 

E.  T.  WELLS, 

Chairman. 
ARTICLE  — . 

LEGISLATURE  AND  LEGISLATION. 
THE  LEGISLATURE. 

Section  1.  The  Legislative  power  shall  be  vested  in  the  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  first  Tuesday  in  October  in  the  years  of  our 
Lord  1876  and  1878,  and  in  each  alternate  year  thereafter  on  such 
day  at  such  places  in  each  county  as  now  are  or  hereafter  may 
be  provided  by  law.  The  first  election  for  members  of  the  Gen- 
eral Assembly  under  the  State  organization  shall  be  conducted 
in  the  manner  prescribed  by  the  laws  of  Colorado  Territory  regu- 
lating elections  for  members  of  the  Legislative  Assembly  thereof. 
When  vacancies  occur  in  either  house  the  Governor  or  person 
exercising  the  powers  of  Governor  shall  issue  writs  of  election 
to  fill  such  vacancies. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided,  and  Representatives  for  the  term 
of  two  years. 

Sec.  4.  No  person  shall  be  a  Representative  or  Senator  who 
shall  not  have  attained  the  age  of  twenty-five  years;  who  shall 


492  PROCEEDINGS    OF    THE 

not  be  a  citizen  of  the  United  States ;  who  shall  not  for  at  least 
twelve  months  next  preceding  his  election  have  resided  within 
the  territory  included  in  the  limits  of  the  county  or  district  in 
which  he  shall  be  chosen ;  provided,  that  at  the  time  of  the  adop- 
tion of  this  Constitution  any  person  who  was  a  qualified  elector 
under  the  Territorial  laws  shall  be  eligible  to  the  General  As- 
sembly. 

Sec.  5.  The  Senators  at  their  first  session  shall  be  divided 
into  two  classes;  those  elected  in  districts  designated  by  even 
numbers  shall  constitute  one  class,  those  elected  in  districts 
designated  by  odd  numbers  shall  constitute  the  other  class;  ex- 
cept that  Senators  elected  in  each  of  the  districts  having  more 
than  one  Senator  shall  be  equally  divided  between  the  two  classes. 
The  Senators  of  one  class  shall  hold  for  two  years,  those  of  the 
other  class  shall  hold  for  four  years,  to  be  decided  by  lot  be- 
tween the  two  classes,  so  that  one-half  of  the  Senators,  as 
near  as  practicable,  may  be  biennially  chosen  forever  thereafter. 

Sec.  6.  Each  member  of  the  first  General  Assembly  as  a 
compensation  for  his  services  shall  receive  four  dollars  for  each 
day's  attendance  and  fifteen  cents  for  each  mile  necessarily  trav- 
eled in  going  to  and  returning  from  the  seat  of  government,  and 
shall  receive  no  other  compensation,  perquisite  or  allowance 
whatsoever.  No  session  of  the  General  Assembly  after  the  first 
shall  exceed  forty  days.  After  the  first  session  the  compensa- 
tion of  the  members  of  the  General  Assembly  shall  be  as  pro- 
vided by  law;  provided,  that  no  General  Assembly  shall  fix  its 
own  compensation. 

Sec.  7.  The  General  Assembly  shall  meet  at  12  o'clock  noon 
on  the  fourth  Wednesday  in  November,  A.  D.  1876,  and  at  12 
o'clock  noon  on  the  first  Wednesday  in  January,  A.  D.  1879,  and 
at  12  o'clock  noon  on  the  first  Wednesday  in  January  of  each 
alternate  year  forever  thereafter,  and  at  other  times  when  con- 
vened by  the  Governor.  The  term  of  service  of  the  members 
thereof  shall  begin  on  the  fourth  Wednesday  of  November  next 
after  their  election  until  otherwise  provided  by  law. 

Sec.  8.  No  Senator  or  Representative  shall  during  the  time 
for  which  he  shall  have  been  elected  be  appointed  to  any  civil 
office  under  this  State,  and  no  member  of  Congress  or  other  per- 
son holding  any  office  (except  attorney  at  law,  notary  public,  or 
in  the  militia) Bunder  the  United  States  or  this  State  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  house  shall  during  the  term 
for  which  he  may  have  been  elected  receive  any  increase  of  salary 
or  mileage  under  any  law  passed  during  such  term. 

Sec.  10.  The  Senate  shall  at  the  beginning  and  close  of 
each  regular  session  and  at  such  other  times  as  may  be  necessary 
elect  one  of  its  members  president  pro  tempore.  The  House  of 
Representatives  shall  elect  one  of  its  members  as  speaker.  Each 
house  shall  choose  its  other  officers  and  shall  judge  of  the  election 
and  qualifications  of  its  members. 


CONSTITUTIONAL   CON  \  i:.\  I  ION.  493 

Bee.    11.     A     majority    of    each     house    shall    constitute    a 

quorum.  Inn  a  smaller  number  may  adjourn  from  day  In  day  and 

compel  the  attendance  of  absent  members. 

Sec.  IL'.  Kadi  house  shall  have  power  to  determine  the  rules 
of  its  proceedings  and  punish  its  members  or  other  persons  for 
roniempi  op  disorderly  behaviop  in  its  presence;  to  enforce 
obedience  to  its  process;  to  protect  its  members  against  violence 
or  offers  of  bribes  or  private  solicitation,  and  with  the  concur- 
pence  of  two-thirds  to  expel  a  member,  but  not  a  second  time  for 
i he  same  cause;  and  shall  have  all  other  powers  necessary  for 
the  Legislature  of  a  free  State.  A  member  expelled  for  corrup- 
tion shall  not  thereafter  be  eligible  to  either  house  of  the  same 
<;eneral  Assembly,  and  punishment  for  contempt  or  disorderly 
behavior  shall  not  bar  an  indictment  for  the  same  offense. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  may  in  its  discretion  from  time  to  time  publish  the  same, 
except  such  parts  as  require  secrecy;  and  the  ayes  and  noes  on 
any  question  shall  at  the  desire  of  any  two  members  be  entered 
on  the  Journal. 

Sec.  14.  The  sessions  of  each  house  and  of  the  Committees 
of  the  Whole  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Sec.  15.  Neither  house  shall  without  the  consent  of  the 
other  adjourn  for  more  than  three  days  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  1(>.  The  members  of  the  General  Assembly  shall  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of  office  and 
b peach  or  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  sessions  of  their  respective  houses,  and  in 
going  to  and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in  any  other 
place. 

LEGISLATION. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no 
bill  shall  be  so  altered  or  amended  on  its  passage  through  either 
house  as  to  change  its  original  purpose. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be:  "Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Colorado." 

Sec.  3.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage,  unless  in  case  of  emergency 
(which  shall  be  expressed  in  the  preamble  or  body  of  the  act) 
the  General  Assembly  shall,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  house,  otherwise  direct.  No  bill,  except 
the  general  appropriation  for  the  expenses  of  the  Government 
only,  introduced  in  either  house  of  the  General  Assembly  after 
the  first  twenty-five  days  of  the  session,  shall  become  a  law. 

Sec.  4.  No  bill  shall  be  considered  or  become  a  law  unless 
referred  to  a  committee  returned  therefrom  and  printed  for  the 
uee  of  the  members. 


494  PROCEEDINGS    OF    THE 

Sec.  5.  No  bill,  except  general  appropriation  bills,  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title,  but  if  any  subject  shall  be  embraced  in 
any  act  which  shall  not  be  expressed  in  the  title,  such  act  shall 
be  void  only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Sec.  6.  Every  bill  shall  be  read  at  length  on  three  different 
days  in  each  house;  all  substantial  amendments  made  thereto 
shall  be  printed  for  the  use  of  the  members  before  the  final  vote 
is  taken  on  the  bill;  and  no  bill  shall  become  a  law  except  by 
a  vote  of  a  majority  of  all  members  elected  to  each  house,  nor 
unless  on  its  final  passage,  the  vote  to  be  taken  by  ayes  and  noes, 
and  the  names  of  those  voting  be  entered  on  the  Journal. 

Sec.  7.  No  amendments  to  any  bill  by  one  house  shall  be 
concurred  in  by  the  other,  nor  shall  the  report  of  any  committee 
of  conference  (be)  adopted  in  either  house,  except  by  vote  of  a 
majority  of  the  members  elected  thereto,  taken  by  ayes  and  noes, 
and  the  names  of  those  voting  recorded  upon  the  Journal  thereof. 

Sec.  8.  No  law  shall  be  revived  or  amended  or  the  provi- 
sions thereof  extended  or  conferred  by  reference  to  its  title  only, 
but  so  much  thereof  as  is  revived,  amended,  extended  or  conferred 
shall  be  re-enacted  and  published  at  length. 

Sec.  9.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes  as  a  condition 
of  their  employment  or  otherwise,  any  contract  or  agreement 
whereby  such  person,  company  or  corporation  shall  be  released  or 
discharged  from  liability  or  responsibility  on  account  of  personal 
injuries  received  by  such  servants  or  employes  while  in  the  service 
of  such  person,  company  or  corporation  by  reason  of  the  negli- 
gence of  such  person,  company  or  corporation  or  the  agents  or 
employes  thereof,  and  such  contracts  shall  be  absolutely  null 
and  void. 

Sec.  10.  The  General  Assembly  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases — that  is  to 
say:  For  granting  divorces,  laying  out,  opening,  altering  or 
working  roads  or  highways,  vacating  roads,  town  plats,  streets, 
alleys  and  public  grounds,  locating  or  changing  county  seats, 
regulating  county  or  township  affairs,  regulating  the  practice  in 
courts  of  justice,  regulating  the  jurisdiction  and  duties  of  justices 
of  the  peace,  police  magistrates  and  constables;  changing  the 
rules  of  evidence  in  any  trial  or  inquiry  providing  for  changes 
of  venue  in  civil  or  criminal  cases;  declaring  any  person  of  age; 
for  limitation  of  civil  actions  or  giving  effect  to  informal  or  in- 
valid deeds;  summoning  or  impaneling  grand  or  petit  juries; 
providing  for  the  management  of  common  schools;  regulating  the 
rate  of  interest  on  money ;  the  opening  or  conducting  of  any  elec- 
tion or  designating  the  place  of  voting;  the  sale  or  mortgage  of 
real  estate  belonging  to  minors  or  others  under  disability;  the 
protection  of  game  or  fish ;  chartering  or  licensing  ferries  or  toll 
bridges;  remitting  fines,  penalties  or  forfeitures;  creating,  in- 
creasing or  decreasing  fees,  percentage  or  allowances  of  public 


«•«,  \STITI   i  I..NAI.   CONVENTION.  495 

ollicers;  rhan^ing  id'  I  he  l;i\v  of  descent  ;  granting  to  any  corpora- 
lion,  association  or  individual,  I  hi*  right  to  lay  down  railroad 
tracks;  granting  to  any  association  or  individual  any  special  or 
exclusive  privilege,  immunity  or  franchise  whatever.  In  all 
oilier  rases  where  a  general  law  ran  lie  made  applicable,  no  spe- 
cial law  shall  be  enacted. 

Sec.  11.     (Consolidated  with  Section  24.) 

Sec.  12.  The  presiding  officer  of  each  house  shall  in  the 
presence  of  the  house  over  which  he  presides  sign  all  bills  and 
joint  resolutions  passed  by  the  General  Assembly  after  their 
titles  shall  have  been  publicly  read,  immediately  before  signing; 
and  the  fact  of  signing  shall  be  entered  on  the  Journal. 

Sec.  13.  The  General  Assembly  shall  prescribe  by  law  the 
number,  dates  and  compensation  of  the  officers  and  employes  of 
each  house;  and  no  payment  shall  be  made  from  the  State 
Treasury  or  be  in  any  way  authorized  to  any  person  except  to 
an  acting  officer  or  employe  elected  or  appointed  in  pursuance 
of  law. 

Sec.  14.  No  Bill  shall  be  passed  giving  any  extra  compensa- 
tion to  any  public  officer,  servant  or  employe,  agent  or  contractor 
after  services  shall  have  been  rendered  or  contract  made;  nor 
providing  for  the  payment  of  any  claim  made  against  the  State 
without  previous  authority  of  law. 

Sec.  15.  All  stationery,  printing,  paper  and  fuel  used  in 
the  Legislature  and  other  departments  of  government  shall  be 
furnished,  and  the  printing  and  binding  and  distributing  of  the 
laws,  journals,  department  reports  and  other  printing  and  bind- 
ing, and  the  repairing  and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  General  Assembly  and  its  committees,  shall 
be  performed  under  contract,  to  be  given  to  the  lowest  responsible 
bidder  below  such  maximum  price  and  under  such  regulations 
as  may  be  prescribed  by  law;  no  member  or  officer  of  any  de- 
partment- of  the  Government  shall  be  in  any  way  interested  in 
any  such  contract,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor  and  State  Treasurer. 

Sec.  16.  No  law  shall  extend  the  term  of  any  public  officer 
or  increase  or  diminish  his  salary  or  emoluments  after  his  elec- 
tion or  appointment;  provided,  this  shall  not  be  construed  to 
forbid  the  General  Assembly  to  fix  the  salary  or  emoluments  of 
those  first  elected  or  appointed  under  this  Constitution. 

Sec.  17.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  amend- 
ments as  in  case  of  other  bills. 

Sec.  18.  The  General  Appropriation  Bill  shall  embrace 
nothing  but  appropriations  for  the  ordinary  expenses  of  the 
executive,  legislative  and  judicial  departments  of  the  State,  in- 
terest on  the  public  debt  and  for  public  schools;  all  other  appro- 
priations shall  be  made  by  separate  bills,  each  embracing  but 
one  subject. 


496  PROCEEDINGS    OF    THE 

Sec.  19.  No  money  shall  be  paid  out  of  the  Treasury,  except 
upon  appropriations  made  by  law  and  on  warrant  drawn  by  the 
proper  officer  in  pursuance  thereof. 

Sec.  20.  No  appropriation  shall  be  made  for  charitable,  in- 
dustrial, educational  or  benevolent  purposes,  to  any  person,  cor- 
poration or  community  not  under  the  absolute  control  of  the 
State,  nor  to  any  denominational  or  sectarian  institution  or 
association. 

Sec.  21.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation  or  association  any  power 
to  make,  supervise  or  interfere  with  any  municipal  improvement, 
money,  property  or  effects,  whether  held  in  trust  or  otherwise,  or 
to  levy  taxes  or  perform  any  municipal  function  whatever. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize  the 
investment  of  trust  funds  by  executors,  administrators,  guar- 
dians or  other  trustees  in  the  bonds  or  stocks  of  any  private 
corporation. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  crim- 
inal cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such 
manner  as  shall  be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  person,  associa- 
tion or  corporation  held  or  owned  by  the  State  or  any  municipal 
corporation  therein,  shall  ever  be  exchanged,  transferred,  re- 
mitted, released  or  postponed  or  in  any  way  diminished  by  the 
General  Assembly;  nor  shall  such  liability  or  obligation  be  ex- 
tinguished, except  by  payment  thereof  into  the  proper  treasury. 

Sec.  25.  (Struck  out  because  provided  for  in  Section  10  of 
this  article.) 

Sec.  26.  Every  order,  resolution  or  vote  to  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  ques- 
tion of  adjournment  or  relating  solely  to  the  transaction  of  bus- 
iness of  the  two  houses,  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect  be  approved  by  him,  or,  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  27.  A  member  of  the  General  Assembly  who  shall  so- 
licit, demand  or  receive  or  consent  to  receive,  directly  or  indi- 
rectly, for  himself  or  for  another  from  any  company,  corporation 
or  person  any  money,  office,  appointment,  employment,  testimo- 
nial, reward,  thing  of  value  or  enjoyment,  or  of  personal  advan- 
tage, or  promise  thereof  for  his  vote  or  official  influence,  or  for 
withholding  the  same,  or  with  an  understanding,  express  or  im- 
plied, that  his  vote  or  official  action  shall  be  in  any  way  influ- 
enced thereby,  or  who  shall  solicit  or  demand  any  such  money 
or  other  advantage,  matter  or  thing  aforesaid,  for  another,  as 
the  consideration  of  his  vote  or  official  influence,  or  for  with- 
holding the  same,  or  shall  give  or  withhold  his  vote  or  influence 
in  consideration  of  the  payment  or  promise  of  such  money,  ad- 
vantage, matter  or  thing  to  another,  shall  be  held  guilty  of  brib' 


CONSTITUTIONAL   CONVENTION.  497 

<>r\  \\  i  ill  in  i  lie  meaning  of  this  Constitution,  and  shall  incur  the 
disabilities  provided  thereby  for  such  offense,  and  such  addi- 
tional punishment  as  is  or  shall  be  provided  by  law. 

Sec.  28.  Any  person  who  shall  directly  or  indirectly  offer, 
give  or  promise  any  money  or  thing  of  value,  testimonial,  priv- 
ilege or  personal  advantage  to  any  executive  or  judicial  officer 
or  member  of  the  General  Assembly  to  influence  him  in  the  per- 
formance of  any  of  his  public  or  official  duties,  shall  be  deemed 
guilty  of  bribery,  and  be  punished  in  such  manner  as  shall  be 
provided  by  law. 

Sec.  29.  The  offense  of  corrupt  solicitation  of  members  of 
the  General  Assembly  or  of  public  officers  of  the  State,  or  of  any 
municipal  division  thereof,  and  any  occupation  or  practice  of 
solicitation  of  such  members  or  officers  to  influence  their  official 
action,  shall  be  defined  by  law  and  shall  be  punished  by  fine  and 
imprisonment. 

Sec.  30.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  General 
Assembly,  shall  disclose  the  fact  to  the  house  of  which  he  is  a 
member  and  shall  not  vote  thereon. 

IMPEACHMENT   AND   REMOVAL   FROM    OFFICE. 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a  majority  of  all  the 
members  shall  be  necessary  to  an  impeachment ;  all  impeachments 
shall  be  tried  by  the  Senate,  and  when  sitting  for  that  purpose 
the  Senators  shall  be  upon  oath  or  affirmation  to  do  justice  ac- 
cording to  law  and  evidence.  When  the  Governor  or  Lieutenant- 
Governor  is  on  trial  the  Chief  Justice  of  the  Supreme  Court  shall 
preside.  No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  judicial  offi- 
cers, except  county  judges  and  justices  of  the  peace,  shall  be 
liable  to  imprisonment  for  high  crimes  or  misdemeanors  or  mal- 
feasance in  office;  but  judgment  in  such  cases  shall  only  extend 
to  removal  from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  in  the  State.  The  party,  whether  convicted 
or  acquitted,  shall  nevertheless  be  liable  to  prosecution,  trial 
judgment  and  punishment  according  to  law. 

Sec.  3.  Provision  shall  be  made  by  law  for  the  removal  from 
office  of  all  civil  officers  not  liable  to  impeachment  for  miscon- 
duct or  malfeasance  in  office. 

ARTICLE  — . 

Section  1.  The  General  Assembly  shall  prohibit  by  law  the 
importation  into  this  State  for  the  purpose  of  sale  of  any  spuri- 
ous, poisonous  or  drugged  spirituous  liquors  or  spirituous  liquors 
adulterated  with  any  poisonous  or  deleterious  substance,  mix- 
ture or  compound;  and  shall  prohibit  the  compounding  or  manu 


498  PROCEEDINGS    OF    THE 

facture  within  this  State,  except  for  chemical  or  mechanical 
purposes,  of  any  said  liquors,  whether  they  be  denominated  spirit- 
uous, vinous,  malt  or  otherwise;  and  shall  also  prohibit  the  sale 
of  any  such  liquors  to  be  used  as  a  beverage,  and  any  violation 
of  either  of  said  prohibitions  shall  be  punished  by  fine  and  im- 
prisonment. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  the 
condemnation  and  destruction  of  all  spurious,  poisonous  or 
drugged  liquors  herein  prohibited. 

Messrs.  White,  Stone  and  Kennedy  appeared  and  took  their 
seats. 

Mr.  White  moved  that  the  vote  by  which  section  9  of  the 
article  on  legislation  was  adopted  be  reconsidered. 

Mr.  Beck  moved  that  the  motion  of  Mr.  White  to  reconsider 
be  laid  upon  the  table. 

And  the  question  being  upon  the  motion  of  Mr.  Beck  to  lay 
the  motion  to  reconsider  upon  the  table,  and  being  put,  it  was  de- 
cided in  the  negative — ayes,  14;  noes,  15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Bromwell,  Beck,  Carr,  Cooper,  Douglas,  Fel- 
ton,  Kennedy,  Lee,  Plumb,  Kockwell,  Webster,  Wheeler,  Yount, 
Mr.  President. 

Those  voting  in  the  negative  are— Messrs.  Cushman,  Crosby, 
Ellsworth,  Elder,  Hough,  James,  Marsh,  Pease,  Quillian,  Stone, 
Thatcher,  Vijil,  White,  Wells,  Widderfield. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Beck  to  lay  the  motion  to  reconsider  upon  the  table. 

The  question  then  being  on  the  motion  of  Mr.  White  to  re- 
consider the  vote  by  which  section  9  of  the  article  on  Legislation 
was  adopted,  and  being  put,  it  was  decided  in  the  affirmative — 
ayes,  16;  noes,  15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Cushman,  Clark,  Crosby,  Ellsworth,  Elder, 
Hough,  James,  Marsh,  Pease,  Quillian,  Stone,  Thatcher,  Vigil, 
White,  Wells,  Widderfield. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Beck, 
Carr,  Cooper,  Douglas,  Felton,  Kennedy,  Lee,  Plumb,  Rockwell, 
Stover,  Webster,  Wheeler,  Yount,  Mr.  President. 

So  the  Convention  concurred  in  the  motion  of  Mr.  White  to 
reconsider. 

Mr.  White  moved  that  section  9  of  the  article  on  legislation 
be  stricken  out,  and  the  following  substitute  be  inserted  in  lieu 
thereof : 

Sec.  9.  All  unreasonable  or  unjust  contracts,  or  contracts 
that  may  be  contrary  to  public  policy,  made  by  all  persons,  asso- 
ciations or  corporations  with  any  person  or  persons,  shall  be  void. 


CONSTITUTIONAL    CONVENTION.  499 

And  tlic  <|iii»stion  being  upon  the  motion  of  Mr.  White  to 
strike  out  section  9  and  insert  in  lieu  the  substitute  offered  by 
him,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
White  to  strike  out  section  9  and  insert  the  substitute  offered 
by  him. 

Messrs.  Ebert  and  Hurd  appeared  and  took  their  seats. 

Mr.  Pease  moved  to  amend  the  section  by  inserting  after  the 
word  "corporation/'  in  the  fourth  line,  the  words  "against  the 
negligence  of  such  person,  company  or  corporation." 

Mr.  Carr  moved  to  amend  the  amendment  offered  by  Mr. 
Pease  by  adding,  after  the  word  "corporation,"  the  words  "or  the 
agents,  or  the  employes  thereof." 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to 
amend  the  amendment  offered  by  Mr.  Pease,  and  being  put,  it  was 
agreed  to. 

Mr.  Beck  moved  to  further  amend  the  amendment  offered  by 
Mr.  Pease  by  striking  out  the  word  "against"  and  inserting  in 
lieu  the  words  "by  reason  of." 

Which  amendment  was  accepted  by  Mr.  Pease. 

The  question  then  being  upon  the  motion  of  Mr.  Pease  as 
amended  by  Mr.  Carr  and  Mr.  Beck,  to  amend  section  9  of  the 
article  on  legislation,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease,  as  amended  by  Mr.  Carr  and  Mr.  Beck. 

The  question  then  being,  "Will  the  Convention  adopt  section 
9  of  the  article  on  legislation  as  amended?"  and  being  put,  it  was 
decided  in  the  affirmative — ayes,  23 ;  noes,  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper, 
Douglas,  Elder,  Felton,  Hurd,  James,  Kennedy,  Lee,  Marsh, 
Plumb,  Pease,  Rockwell,  Stover,  Vigil,  Webster,  Wheeler.  Yount, 
Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Crosby,  Ellsworth, 
Ebert,  Hough,  Quillian,  Stone,  Thatcher,  White,  Wells,  Widder- 
field. 

So  the  Convention  adopted  section  9  of  the  article  on  legis- 
lation, in  the  words  following: 

"Sec.  9.  It  shall  be  unlawful  for  any  person,  company 
or  corporation  to  require  of  its  servants  or  employes,  as  a  condi- 
tion of  their  employment  or  otherwise,  any  contract  or  agree- 
ment whereby  such  person,  company  or  corporation  shall  be  re- 
leased or  discharged  from  liability  or  responsibility  on  account 
of  personal  injuries  received  by  such  servants  or  employes  while 
in  the  service  of  such  person,  company  or  corporation,  by  reason 
of  the  negligence  of  such  person,  company  or  corporation,  or  the 
agent  or  the  employe  thereof,  and  such  contracts  shall  be  abso- 
lutelv  null  and  void." 


500  PROCEEDINGS    OF    THE 

Mr.  Wells  moved  to  reconsider  the  vote  by  which  section  15 
of  the  article  on  education  and  educational  institutions  was 
adopted : 

"Sec.  15.  The  General  Assembly  shall,  as  soon  as  practic- 
able, provide  for  the  institutions  [Institution]  for  the  education 
of  deaf  mutes,  the  Agricultural  College  and  the  School  of  Mines." 

And  the  question  being  on  the  motion  of  Mr.  Wells  to  recon- 
sider, and  being  put,  it  was  agreed  to. 

The  question  then  being,  "Will  the  Convention  adopt  section 
15  of  the  article  on  education  and  educational  institutions?"  and 
being  put,  it  was  decided  in  the  negative — ayes,  10 ;  noes,  23. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Hurd,  Lee, 
Stover,  White,  Wheeler,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Clark,  Cooper, 
Crosby,  Douglas,  Ellsworth,  Elder,  Ebert,  Felton,  Hough,  Ken- 
nedy, Marsh,  Plumb,  Pease,  Quillian,  Rockwell,  Stone,  Thatcher, 
Vijil,  Webster,  Wells,  Widderfield,  Mr.  President. 

So  the  Convention  refused  to  adopt  section  15  of  the  article 
on  education  and  educational  institutions. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on  Re- 
visions and  Adjustments  on  the  article  on  legislature  and  legis- 
lation was  recommitted  to  that  committee. 

On  motion  of  Mr.  Clark,  the  article  on  mines  and  mining, 
adopted  by  the  Convention  as  follows,  was  ordered  engrossed  and 
referred  to  the  Committee  on  Revisions  and  Adjustments : 

ARTICLE  — . 
MINES  AND  MINING. 

Section  1.  There  shall  be  established  and  maintained  the 
office  of  Commissioner  of  Mines,  whose  duties  shall  be  prescribed 
by  the  General  Assembly. 

Sec.  2.  The  Governor  shall,  with  the  advice  and  consent  of 
the  Senate,  appoint  a  person  who  is  known  to  be  competent  for 
Commissioner  of  Mines  whenever  such  office  shall  be  created,  who 
shall  hold  his  office  for  a  term  of  four  years,  unless  sooner  re- 
moved by  the  Governor  for  cause. 

Sec.  3.  The  General  Assembly  shall  fix  the  salary  of  the 
Commissioner  of  Mines,  and  prescribe  the  time  and  manner  in 
which  he  shall  make  his  report,  and  provide  generally  for  the 
wants  of  that  office. 

Sec.  4.  The  General  Assembly  shall  pass  such  laws  as  may 
be  necessary  for  the  protection  of  operative  miners  by  providing 
for  proper  ventilation  of  mines  whenever  the  same  may  be  re- 
quired, as  well  as  for  the  construction  of  escapement  shafts  or 
other  such  appliances  as  may  be  necessary  to  secure  safety  to  the 
workmen  in  a  mine. 


CONSTITUTIONAL   CONVENTION.  ."Ill 

:..  The  General  Assembly  shall  provide  by  law  such 
regulations  in  mines  as  may  bo  necessary  (<>  protect  the  health 
of  t  lie  operatives,  ami  prohibit  the  employment  of  children  in  the 
mines  under  twelve  years  of  age. 

Sec.  <».     The  General  Assembly  may  make  such  regulations 
from  time  to  time  as  may  be  necessary  for  1he  proper  and  e<|iii 
table  drainage  of  mines. 

Sec.  7.  The  General  Assembly  may  provide  that  the  science 
of  miniiiii  and  metallurgy  be  taught  in  one  or  more  of  the  insti- 
tutions of  learning  under  the  patronage  of  the  State. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, presented  the  report  of  that  committee  on  legislature 
and  legislation,  with  amendment  to  section  9  thereof,  which,  on 
his  own  motion,  was  ordered  printed  and  laid  upon  the  table  for 
future  consideration: 

Sec.  9.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condition 
of  their  employment  or  otherwise,  any  contract  or  agreement 
whereby  such  person,  company  or  corporation  shall  be  released 
or  discharged  from  liability  or  responsibility  on  account  of  per- 
sonal injuries  received  by  such  servants  or  employes  while  in  the 
service  of  such  person,  company  or  corporation,  by  reason  of  the 
negligence  of  such  person,  company  or  corporation,  or  the  agents 
or  employes  thereof,  and  such  contracts  shall  be  absolutely  null 
and  void. 

On  motion  of  Mr.  Rockwell,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Irrigation,  Agriculture  and  Manu- 
factures was  taken  from  the  table. 

Mr.  Douglas  moved  that  the  report  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Rockwell,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  1  of  the  report  of  the  Committee  on  Irrigation,  Agricul- 
ture and  Manufactures,  and  insert  in  lieu  a  substitute  thereof, 
viz. : 

"Section  1.  The  water  of  every  natural  stream  not  hereto- 
fore appropriated  within  the  State  of  Colorado  is  hereby  declared 
to  be  the  property  of  the  public,  and  the  same  is  dedicated  to  the 
use  of  the  people  of  the  State,  subject  to  appropriation  as  herein- 
after provided." 

On  motion  of  Mr.  Rockwell,  the  Convention  concurred  in  the 
amendments  to  section  2  reported  by  the  Committee  of  the  Whole, 
viz.:  To  insert  at  the  beginning  of  the  section  the  words  "Ex- 
empt f  for  domestic  purposes;"  to  strike  out  the  word  "first"  and 
"June"  in  the  first  line,  and  insert  in  lieu  the  words  "last"  and 
"May;"  also,  to  insert  in  second  line,  after  the  word  "agricul- 
ture," the  words  "and  horticultural;"  also,  to  add  to  the  section 
the  words  "over  manufacturing  establishments." 

tSo  in  text. 


502  PROCEEDINGS   OF   THE 

Mr.  Brornwell  moved  to  amend  section  2  by  striking  out  the 
word  "appropriation"  in  the  first  line,  and  inserting  in  lieu  the 
words  "actual  use." 

Mr.  Thatcher  moved  to  amend  the  amendment  offered  by  Mr. 
Bromwell  by  inserting  after  the  word  "appropriation,"  in  the  first 
line,  the  words  "by  actual  use." 

Which  amendment  was  accepted  by  Mr.  Bromwell. 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Bromwell  as  amended  by  Mr.  Thatcher,  and  being  put,  it  was 
decided  in  the  affirmative — ayes,  16 ;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Bromwell,  Beck,  Cushman,  Douglas.  Hurd, 
Marsh,  Plumb,  Pease,  Eockwell,  Stone,  Stover,  Thatcher,  Webster, 
Widderfield,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Cooper,  Ells- 
worth, Felton,  Hough,  James,  Lee,  Wheeler,  Quillian,  Vigil, 
White,  Wells. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell. 

Mr.  W^ells  moved  to  amend  section  2  by  striking  out  the 
words  "except  for  domestic  purposes,"  in  the  first  line;  also  to 
strike  out  all  of  the  section  after  the  word  "right,"  in  the  first 
line,  and  insert  in  lieu  the  words  "between  those  using  water 
for  the  same  purpose,"  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Wells. 

Mr.  Wells  moved  to  amend  section  2,  by  striking  out  the 
words  "except  for  domestic  purposes,"  in  first  line;  also  by 
striking  out  all  of  the  section  after  the  word  "right,"  in  the 
same  line  and  inserting  in  lieu  the  words  "between  those  using 
water  for  the  same  purpose.  Those  using  water  for  the  irriga- 
tion of  cultivated  lands  for  the  purposes  of  agriculture  shall  be 
preferred  to  those  applying  it  to  manufacturing  purposes." 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Koll  called. 

Absent — Messrs.  Barela,  Boyles,  Clark,  Crosby,  Garcia, 
Head,  Marsh,  Meyer,  Quillian,  Rockwell  and  White. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  of  the  Whole  on  the  article  on  Irrigation,  Agri- 
culture and  Manufactures. 

Mr.  Wells  withdrew  the  amendment  offered  by  him  to  sec- 
tion 2. 


CONSTITUTIONAL   CONVENTION.  503 

Mi.  i:i.l«  i  asked  leave  for  himself  and  Mr.  Beck  to  sit  as  the 
Committee  on  Miscellaneous  Subjects  during  the  afternoon  ses- 
sion. \\liirli  \\as  granted. 

Mr.  Pease  moved  that  section  2  be  stricken  out  and  the  fol- 
lowing be  inserted  as  a  substitute  therefor: 

Section  2.  The  right  to  divert  the  unappropriated  waters 
of  any  natural  stream  to  beneficial  uses  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  wrater  for  the  same  purpose,  but  when  the  wa- 
ters of  any  natural  stream  are  not  sufficient  for  the  service 
of  all  those  desiring  to  use  the  same,  those  using  the  water  for 
agricultural  purposes  shall  have  preference  over  those  using  the 
same  for  the  purpose  of  manufactures. 

Messrs.  Marsh,  Clark,  Quillian  and  Rockwell  appeared  and 
took  their  seats. 

Mr.  Beck  moved  to  amend  the  substitute  offered  by  Mr. 
Pease  by  inserting  the  words  "domestic  or,"  before  the  word 
"agricultural,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Beck. 

Mr.  Marsh  moved  to  amend  the  substitute  offered  by  Mr. 
Pease  by  inserting  the  words  "mining  or,"  before  the  word 
"manufactures." 

Mr.  Stone  moved  to  amend  the  substitute  offered  by  Mr. 
Pease  by  striking  out  all  after  the  words  "water  for,"  and  in- 
serting in  lieu  the  words  "domestic  purposes,  shall  have  pref- 
erence over  any  other  purpose.  And  those  using  the  water  for 
agricultural  purposes  shall  have  preference  over  those  using  the 
same  for  purposes  of  manufactures,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Stone. 

The  question  then  being  upon  the  motion  of  Mr.  Pease  to 
strike  out  section  2  as  reported  by  the  Committee  of  the  Whole, 
and  insert  the  substitute  offered  by  him  as  amended,  and  being 
put  it  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Pease  to 
strike  out  the  section  as  reported  by  the  Committee  of  the 
Whole  and  insert  the  substitute  in  lieu. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
amendments  to  section  3  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  in  second  line  after  the  word  "water,"  the 
words  "for  domestic  purposes  and;"  also  to  add  to  the  section 
the  words  "upon  payment  of  just  compensation." 

Upon  motion  of  Mr.  Stone  the  Convention  adopted  section  3 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  WMdderfield,  the  Convention  concurred  in 
the  recommendation  of  the  Committee  of  the  Whole,  to  strike 


504  PROCEEDINGS    OF    THE 

out  section  4  of  the  report  of  the  Committee  on  Irrigation,  Ag- 
riculture and  Manufactures. 

On  motion  of  Mr.  Pease,  the  Convention  concurred  in  the 
recommendation  of  the  Committte  of  the  Whole  to  recommit 
section  5  of  the  original  report  of  the  Committee  on  Irrigation, 
Agriculture  and  Manufactures  to  that  committee. 

Mr.  Carr  moved  that  the  substitute  for  section  5  reported 
by  the  Committee  on  Irrigation,  Agriculture  and  Manufactures 
be  adopted,  and  the  question  being  upon  the  motion  of  Mr.  Can- 
to adopt  the  substitute  for  section  5,  and  being  put,  it  was  de- 
cided in  the  affirmative — ayes,  21;  noes,  3. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Bromwell,  Carr,  Cushman,  Clark, 
Cooper,  Douglas,  Felton,  Hurd,  James,  Lee,  Marsh,  Plumb, 
Pease,  Quillian,  Rockwell,  Stone,  Stover,  Vigil,  Webster, 
Wheeler,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Ellsworth, 
Thatcher  and  Widderfield. 

So  the  Convention  adopted  the  substitute  for  section  5  re- 
ported by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  7  of  the  report  of  the  Committee  on  Irrigation,  Agricul- 
ture and  Manufactures. 

So  the  Convention  adopted  the  article  on  Irrigation,  Agri- 
culture and  Manufactures  in  the  words  following: 

ARTICLE  — . 
IRRIGATION,  AGRICULTURE  AND  MANUFACTURES. 

Section  1.  The  water  of  every  natural  stream  not  hereto- 
fore appropriated  within  the  State  of  Colorado  is  hereby  de- 
clared to  be  the  property  of  the  public,  and  the  same  is  dedi- 
cated to  the  use  of  the  people  of  the  State,  subject  to  appropri- 
ation as  hereinafter  provided. 

Sec.  2.  The  right  to  direct  the  unappropriated  waters  of 
any  natural  stream  to  beneficial  uses  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  waters  for  the  same  purpose;  but  when  the  wa- 
ters of  any  natural  stream  are  not  sufficient  for  the  service  of 
all  those  desiring  to  use  the  same,  those  using  the  water  for 
domestic  purposes  shall  have  preference  over  any  other  purpose, 
and  those  using  the  water  for  agricultural  purposes  shall  have 
preference  over  those  using  the  same  for  purposes  of  manufac- 
tures. 

Sec.  3.  All  persons  and  corporations  shall  have  the  right 
of  way  across  private  and  corporate  lands  for  the  construction 
of  ditches,  canals  and  flumes  for  the  purpose  of  conveying  water 


CONSTITUTIONAL   CONVENTION. 

for  <lniiKsiic  purposes  and  for  the  irrigation  of  agricultural 
lands.  ;ind  for  mining  and  manufacturing  purposes,  and  for 
drainage,  upon  payment  of  just  compensation. 

Ser.    l.     The  General  Assembly  shall   provide  by  law  that 

1  lie  hoard  of  County  <  'onmiissioners  in  their  respective  r<mmi<-s 
shall  have  j.<.\\<  i    when  application  is  made  to  them  by  either 
parly  interested  to  establish  reasonable  maximum  rates  to  be 
charged  for  the  use  of  water  whether  furnished  by  individuals 
or  corporations. 

On  motion  of  Mr.  Clark,  the  article  on  Irrigation,  Agricul- 
ture and  Manufactures  was  ordered  engrossed  and  referred  to 
the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Rockwell,  the  report  of  the  Committee 
of  the  Whole  on  the  article  on  Revenue  and  Finance  was  taken 
from  the  table. 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section  1 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section 

2  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Douglas,  the  Convention  concurred  in  the 
amendments  to  section  3  reported  by  the  Committee  of  the 
Whole,  viz.:  To  insert  in  the  third  line,  after  the  word  "real," 
the  word  "and;"  also  to  strike  out  all  of  the  section  after  the 
word  "personal,"  in  the  third  line  and  insert  in  lieu  the  words 
"Provided,  that  mines  and  mining  claims  bearing  gold,  silver 
and  other  precious  metals  (except  the  net  proceeds  and  surface 
improvements  thereof),  shall  be  exempt  from  taxation  for  the 
period  of  ten  years  from  the  date  of  the  adoption  of  this  Con- 
stitution, and  thereafter  be  taxed  as  may  be  provided  by  law." 

Mr.  Felton  moved  to  amend  section  3  by  adding  thereto  the 
words  "all  ditches,  canals  and  flumes  constructed  by  individuals 
or  corporations  for  the  exclusive  purpose  of  irrigating  lands 
owned  by  said  individuals  or  corporations  shall  not  be  separ- 
ately taxed." 

Mr.  Carr  moved  to  amend  the  amendment  offered  by  Mr. 
Felton  by  inserting  between  the  words  "corporation"  and 
"shall,"  the  words  "or  the  individual  members  of  such  corpora- 
tion," which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Carr  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  Rockwell  moved  to  amend  the  amendment  offered  by 
Mr.  Felton  by  inserting  after  the  word  "constructed,"  the  words 
"and  used,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Rockwell  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  Cushman  moved  to  amend  the  amendment  offered  by 
Mr.  Fulton  by  inserting  before  the  word  "irrigating,"  the  words 


506  PROCEEDINGS    OF    THE 

"mining,"  and  the  question  being  upon  the  motion  of  Mr.  Gush- 
man  to  amend  the  amendment  offered  by  Mr.  Felton,  and  being 
put  and  a  division  called,  it  was  decided  in  the  affirmative — 
ayes,  13;  noes,  7. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Cushman  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  Bromwell  moved  to  amend  the  amendment  offered  by 
Mr.  Felton  by  adding  thereto  the  words  "so  long  as  they  shall  be 
exclusively  used  as  above  mentioned,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  Pease  moved  to  amend  the  amendment  offered  by  Mr. 
Felton  by  adding  thereto  the  words  "together  with  all  mills 
situated  thereon,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  Cooper  moved  to  further  amend  the  amendment  offered 
by  Mr.  Felton  by  inserting  the  words  "owned  or,"  before  the 
word  "constructed,"  which  was  also  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Cooper  to  the  amendment  offered  by  Mr.  Felton. 

Mr.  James  moved  the  adoption  of  the  amendment  to  section 
3,  offered  by  Mr.  Felton,  as  amended. 

And  the  question  being  upon  the  motion  of  Mr.  James  to 
adopt  the  amendment  offered  by  Mr.  Felton  as  amended,  and 
being  put,  it  was  decided  in  the  negative — ayes,  5;  noes,  19. 
The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are — Messrs.  Stover,  Vigil,  Wheeler,  Widderfield  and 
Yount. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Carr, 
Cushman,  Clark,  Cooper,  Douglas,  Ellsworth,  Felton,  Hurd, 
Hough,  James,  Marsh,  Plumb,  Pease,  Quillian,  Rockwell, 
Thatcher,  Webster,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Felton  as  amended. 

Mr.  Rockwell  moved  to  amend  section  3  by  adding  thereto 
the  words  "all  ditches,  canals  and  flumes,  owned  and  used  by 
individuals  or  corporations  for  irrigating  lands  owned  by  such 
individuals  or  corporations  or  the  individual  members  thereof 
shall  not  be  separately  taxed  so  long  as  they  shall  be  owned 
and  used  exclusively  for  such  purposes." 

Mr.  Bromwell  moved  to  amend  the  amendment  offered  by 
Mr.  Rockwell  by  inserting  after  the  word  "flumes,"  the  words 
"artesian  wells,  wind  mills  and  pumps." 

And  the  question  being  upon  the  motion  of  Mr.  Bromwell 
to  amend  the  amendment  offered  by  Mr.  Rockwell,  and  being  put 
it  was  decided  in  the  affirmative — ayes,  13;  noes,  9. 


CONSTITUTIONAL    CON  VKNTK  >.\.  .~il)7 

Messrs,  Cooper  and  James  were  excused  from  voting. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
attirmaiivc  arc — Messrs.  Bromwell,  Clark,  Douglas,  Hurd, 
Marsh,  Pease,  Quillian,  Stover,  Vi^il.  Webster,  Widderfield, 
Yount,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Carr,  Cushman, 
Ellsworth,  Felton,  Hough,  Plumb,  Rockwell,  Thatcher,  Wheeler. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell  to  the  amendment  offered  by  Mr.  Rockwell. 

Mr.  Ellsworth  moved  to  adjourn  until  9  o'clock  a.  m.  tomor- 
row. 

And  the  question  being  upon  the  motion  of  Mr.  Ellsworth  to 
adjourn  and  being  put,  and  a  division  called,  it  was  decided  in 
the  negative — ayes,  6;  noes,  16. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Ellsworth  to  adjourn.  . 

Mr.  Marsh  moved  to  reconsider  the  vote  by  which  the 
amendment  of  Mr.  Bromwell  to  the  amendment  offered  by  Mr. 
Rockwell  was  adopted,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Marsh  to 
reconsider.  The  question  then  being  on  the  motion  of  Mr. 
Bromwell  to  amend  the  amendment  offered  by  Mr.  Rockwell, 
and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Bromwrell  to  amend  the  amendment  offered  by  Mr.  Rockwell. 

The  question  then  being  upon  the  motion  of  Mr.  Rockwell 
to  amend  section  3,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Rockwell 
to  amend  section  3. 

On  motion  of  Mr.  Carr,  the  Convention  adopted  section  3 
as  reported  by  the  Committee  of  the  Whole  as  amended. 

Mr.  Carr,  of  the  Committee  on  Revisions  and  Adjustments, 
presented  a  report  of  that  committee  on  the  article  on  Education 
and  Educational  Institutions  as  follows,  which  on  his  own  mo- 
tion was  ordered  printed  and  laid  upon  the  table  for  future  con- 
sideration : 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  Revisions  having  had  under  considera- 
tion the  article  on  Education  and  Educational  Institutions,  beg 
leave  to  report  the  same,  with  sundry  emendations  according 
to  the  draft  thereof,  with  such  emendations  inserted,  assorted, 
all  of  which  is  respectfully  submitted. 

E.  T.  WELLS, 

Chairman. 


508  PROCEEDINGS    OF    THE 

EDUCATION   AND    EDUCATIONAL   INSTITUTIONS. 

Section  1.  The  general  supervision  of  the  public  schools 
of  the  State  shall  be  vested  in  a  Board  of  Education,  whose 
powers  and  duties  shall  be  prescribed  by  law;  the  Superintend- 
ent of  Public  Instruction,  the  Secretary  of  State  and  Attorney 
General  shall  constitute  the  Board,  of  which  the  Superintendent 
of  Public  Instruction  shall  be  President. 

Sec.  2.  The  General  Assembly  shall  as  soon  as  practicable 
provide  for  the  establishment  and  maintenance  of  a  thorough 
and  uniform  system  of  free  public  schools  throughout  the  State 
wherein  all  residents  of  the  State  between  the  ages  of  six  and 
twenty-one  years  may  be  educated  gratuitously.  One  or  more 
public  schools  shall  be  maintained  in  each  school  district  within 
the  State  at  least  three  months  in  each  year;  any  school  district 
failing  to  have  such  school  shall  not  be  entitled  to  receive  any 
portion  of  the  school  fund  for  that  year. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact;  the  interest  thereon  only  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State  and 
shall  be  distributed  amongst  the  several  counties  and  school 
districts  of  the  State  in  such  manner  as  may  be  prescribed  by 
law.  No  part  of  this  fund,  principal  or  interest,  shall  ever  be 
transferred  to  any  other  fund  or  used  or  appropriated,  except  as 
herein  provided.  The  State  Treasurer  shall  be  the  custodian  of 
this  fund  and  the  same  shall  be  securely  and  profitably  invested 
as  may  be  by  law  directed.  The  State  shall  supply  all  losses 
thereof  that  may  in  any  manner  occur. 

Sec.  4.  Each  County  Treasurer  shall  collect  all  school 
funds  belonging  to  his  county  and  the  several  school  districts 
therein,  and  disburse  the  same  to  the  proper  districts  upon  war- 
rants drawn  by  the  County  Superintendent  or  by  the  proper 
district  authorities,  as  may  be  provided  by  law. 

Sec.  5.  The  public  school  fund  of  the  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  been  or  may 
hereafter  be  granted  to  the  State  by  the  General  Government 
for  educational  purposes;  all  estates  that  may  escheat  to  the 
State;  also  all  other  grants,  gifts  or  devises  that  may  be  made 
to  this  State  for  educational  purposes. 

Sec.  6.  There  shall  be  a  County  Superintendent  of  Schools 
in  each  county  whose  term  of  office  shall  be  two  years,  and 
whose  duties,  qualifications  and  compensation  shall  be  pre- 
scribed by  law.  He  shall  be  ex-officio  Commissioner  of  Lands 
within  his  county  and  shall  discharge  the  duties  of  said  office 
under  the  direction  of  the  State  Board  of  Land  Commissioners, 
as  directed  by  law. 

Sec.  7.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district,  or  other  public  corporation  shall 
ever  make  any  appropriations  or  pay  from  any  public  fund  or 


CONSTIT!   TIONAL    CON  VK.VHO.N .  .")()!) 

moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society  or  for  any  sectarian  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution  controlled  by  any  church  or 
sectarian  denomination  whatsoever;  nor  shall  any  grant  or  do- 
na lion  of  land,  money  or  other  personal  property  ever  be  made 
by  the  State  or  any  such  public  corporation  to  any  church,  or 
for  any  sectarian  purpose. 

Sec.  8.  No  religious  test  or  qualification  shall  ever  be  re- 
quired of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  stu- 
dent; and  no  teacher  or  student  of  any  such  institution  shall 
ever  be  required  to  attend  or  participate  in  any  religious  ser- 
vice whatever.  Nor  shall  any  distinction  or  classification  of 
pupils  be  made  on  account  of  race  or  color. 

Sec.  9.  The  Governor,  Superintendent  of  Public  Instruc- 
tion, Secretary  of  State  and  Attorney  General  shall  constitute 
the  State  Board  of  Land  Commissioners,  who  shall  have  the 
direction,  control  and  disposition  of  the  public  lands  of  the 
State  under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  all  the  land  heretofore,  or  which  may  here- 
after be  granted  to  the  State  by  the  General  Government,  under 
such  regulations  as  may  be  prescribed  by  law;  and  in  such  man- 
ner as  will  secure  the  maximum  possible  amount  therefor.  No 
law  shall  ever  be  passed  by  the  General  Assembly  granting  any 
privileges  to  persons  who  may  have  settled  upon  any  such  pub- 
lic lands  subsequent  to  the  survey  thereof  by  the  General  Gov- 
ernment by  which  the  amount  to  be  derived  by  the  sale  or  other 
disposition  of  such  lands  shall  be  diminished  directly  or  in- 
directly. 

The  General  Assembly  shall  at  its  earliest  practicable 
period  provide  by  law  that  the  several  grants  of  land  made  by 
Congress  to  the  State  shall  be  judiciously  located  and  carefully 
preserved  and  held  in  trust  subject  to  disposal  for  the  use  and 
benefit  of  the  respective  objects  for  which  said  grants  of  land 
were  made,  and  the  General  Assembly  shall  provide  for  the  sale 
of  said  lands  from  time  to  time  and  for  the  faithful  application 
of  the  proceeds  thereof  in  accordance  with  the  terms  of  said 
grants. 

Sec.  11.  The  General  Assembly  may  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend 
the  public  school  during  the  period  between  the  ages  of  six  and 
eighteen  years,  for  a  time  equivalent  to  three  years,  unless  edu- 
cated by  other  means. 

Sec.  12.  There  shall  be  elected  by  the  qualified  electors  of 
the  State  at  the  first  general  election  under  this  Constitution,  six 
Regents  of  the  university,  who  shall  immediately  after  their 


510  PROCEEDINGS    OF    THE 

election  be  so  classified  by  lot  that  two  shall  hold  their  office 
for  the  term  of  two  years,  two  for  four  years  and  two  for  six 
years,  and  every  two  years  after  the  first  election  there  shall  be 
elected  two  Regents  of  the  university,  whose  term  of  office  shall 
be  six  years.  The  Regents  thus  elected  and  their  successors 
shall  constitute  a  body  corporate  to  be  known  by  (the)  name  and 
style  of  the  Regents  of  the  University  of  Colorado. 

Sec.  13.  The  Regents  of  the  university  shall  at  their  first 
meeting,  or  as  soon  thereafter  as  practicable,  elect  a  President  of 
the  university  who  shall  hold  his  office  until  removed  by  the 
Board  of  Regents  for  cause.  He  shall  be  ex-officio  a  member  of 
the  Board,  with  the  privilege  of  speaking,  but  not  of  voting,  ex- 
cept in  cases  of  a  tie.  He  shall  preside  at  the  meetings  of  the 
Board,  and  be  the  principal  executive  officer  of  the  university, 
and  a  member  of  the  faculty  thereof. 

Sec.  14.  The  Board  of  Regents  shall  have  the  general 
supervision  of  the  university  and  the  exclusive  control  and  direc- 
tion of  all  funds  and  appropriations  to  the  university. 

Sec.  15.     Stricken  out. 

Sec.  16.  The  General  Assembly  shall  by  law  provide  for 
the  organization  of  school  districts  of  convenient  size,  in  each  of 
which  shall  be  established  a  Board  of  Education  to  consist  of 
three  or  more  directors  to  be  elected  by  the  people  of  the  dis- 
trict. Said  directors  shall  have  control  of  instruction  in  the 
public  schools  of  their  respective  districts. 

Sec.  17.  The  General  Assembly  shall  have  no  power  to 
prescribe  text  books  to  be  used  in  the  public  schools. 

On  motion  of  Mr.  Marsh,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Carr  moved  that  the  Convention  do  not  concur  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  5  of  the  report  of  the  Committee  on  Revenue  and  Fi- 
nance, and  insert  in  lieu  the  following  substitute: 

Section  5.  Buildings  used  exclusively  for  religious  worship, 
for  schools  or  for  purely  charitable  purposes,  including  the 
ground  upon  which  they  stand,  not  exceeding  one  hundred  and 
fifty  feet  square;  also  cemeteries  not  used  or  held  for  private 
or  corporate  profit,  shall  be  exempt  from  taxation. 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to  not 
[not  to]  concur  in  the  recommendation  of  the  Committee  of  the 
Whole,  and  being  put,  it  was  decided  in  the  negative — ayes,  5; 
noes,  20. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Bromwell,  Carr,  Hough,  Plumb,  Vigil. 

Those  voting  in  the  negative  are — Messrs.  Cushman,  Clark, 
Cooper,  Douglas,  Ellsworth,  Felton,  Hurd,  Kennedy,  Marsh, 
Pease,  Quillian,  Rockwell,  Stover,  Thatcher,  Webster,  Wilcox, 
Wheeler,  Widderfield,  Yount,  Mr.  President. 


CONSTITUTIONAL    CON  V I :  .\  Tin  N .  .Ill 

Sn  the  Cnim-ni  inn  rejected  the  motion  of  Mr.  < 'arr  not  to 
concur  in  the  recommendation  of  the  Committee  of  the  Whole  to 
strike  out  section  5  of  the  report  of  the  Committee  on  Revenue 
and  Finance,  and  insert  in  lieu  the  substitute  therefor. 

Mr.  Bromwell  moved  to  strike  out  the  substitute  for  section 
.">.  reported  by  the  Committee  of  the  Whole,  and  insert  in  lieu  the 
following: 

Section  5.  Buildings  used  exclusively  for  public  worship, 
schools,  or  for  purposes  purely  charitable,  to  be  specified,  to- 
gether with  the  ground  on  which  the  same  may  be  situated,  suf- 
ficient in  extent  for  the  necessary  and  convenient  use  of  the 
same :  also,  cemetery  lots,  which  have  been  actually  used  for 
burial  of  the  dead,  and  such  lots  of  ground  as  have  been  or 
may  be  dedicated  to  public  use  as  burial  places,  may  be  exempt 
from  taxation,  provided,  such  exemption  be  only  by  a  general 
law. 

And  the  question  being  upon  the  motion  of  Mr.  Bromwell 
to  strike  out  the  substitute  for  section  5,  reported  by  the  Com- 
mittee of  the  Whole,  and  insert  in  lieu  the  substitute  offered  .as 
above,  and  being  put,  it  was  decided  in  the  negative — ayes,  6; 
noes,  18. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are —  Messrs.  Bromwell,  Carr,  James,  Pease,  Webster. 
Yount. 

Those  voting  in  the  negative  are — Messrs.  Cushinan,  Clark, 
Cooper,  Crosby,  Douglas,  Ellsworth,  Felton,  Hurd,  Kennedy, 
Marsh,  Quillian,  Rockwell,  Stover,  Vigil,  Wilcox,  Wheeler,  WTid- 
derfield,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  substitute  of- 
fered by  Mr.  Bromwell  for  the  substitute  recommended  by  the 
Committee  of  the  Whole  for  section  5  of  the  report  of  the  Com-' 
mittee  on  Revenue  and  Finance. 

Mr.  Pease  moved  to  amend  the  substitute  for  section  5,  re- 
ported by  the  Committee  of  the  Whole,  by  inserting  after  the 
word  "worship"  the  words  "not  exceeding  in  value  ten  thousand 
dollars." 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Pease,  and  being  put,  it  was  decided  in  the  negative.  Ayes,  6; 
noes,  19. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are — Messrs.  Carr,  Cushman,  Clark,  James,  Pease,  Vigil. 

Those  voting  in  the  negative  are — Messrs.  Cooper,  Crosby, 
Douglas,  Ellsworth,  Felton,  Hurd,  Hough,  Kennedy,  Marsh, 
Plumb,  Quillian,  Rockwell,  S-tover,  Webster,  Wilcox!  Wheeler, 
Widderfield,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Pease. 


512  PROCEEDINGS    OF    THE 

Mr.  Pease  moved  to  amend  the  substitute  for  section  5  by 
inserting  between  the  words  "for"  and  "school'7  the  word  "public." 

And  the  question  being  upon  the  motion  of  Mr.  Pease  to 
amend  by  inserting  the  word  "public"  between  the  words  "for" 
and  "schools,"  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  14;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Carr,  Clark,  Ellsworth,  Felton,  Hurd, 
James,  Pease,  Rockwell,  Vigil,  Webster,  Wilcox,  Wheeler,  Widder- 
field,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Cushman,  Cooper, 
Crosby,  Douglas,  Hough,  Kennedy,  Marsh,.  Plumb,  Quillian, 
Stover,  Mr.  President. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 

Mr.  Ellsworth  moved  to  amend  the  substitute  for  section  5 
by  adding  thereto  the  words  "unless  otherwise  provided  by  law." 

And  the  question  being  upon  the  motion  of  Mr.  Ellsworth  to 
amend  the  substitute  for  section  5,  reported  by  the  Committee  of 
the  Whole,  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  15;  noes,  10. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Carr,  Cushman,  Clark,  Cooper,  Crosby, 
Ellsworth,  Felton,  Hurd,  James,  Plumb,  Pease,  Webster,  Wilcox, 
Wheeler,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Douglas,  Hough, 
Marsh,  Quillian,  Rockwell,  Stone,  Stover,  Vigil,  Widderfield,  Mr. 
President. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Ellsworth. 

Mr.  Carr  moved  that  section  5  of  the  report  of  the  Committee 
on  Revenue  and  Finance  be  stricken  out  and  the  substitute  therefor 
reported  by  the  Committee  of  the  Whole,  as  amended,  be  inserted 
in  lieu. 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to 
adopt  the  substitute  for  section  5,  reported  by  the  Committee  of 
the  Whole,  as  amended,  and  being  put,  it  was  decided  IE  the 
affirmative.  Ayes,  14:  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are — Messrs.  Carr,  Cushman,  Clark,  Crosby,  Ells- 
worth, Felton,  Hurd,  James,  Plumb,  Pease,  Webster,  Wilcox, 
Wheeler,  Yount. 

Those  voting  in  the  negative  are — Messrs.  Bromwell,  Cooper, 
Douglas,  Hough,  Marsh,  Quillian,  Rockwell,  Stone,  Stover,  Vigil, 
Widderfield,  Mr.  President. 

So  the  Convention  adopted  the  substitute  for  section  5,  as 
reported  by  the  Committee  of  the  Whole,  as  amended. 


CONSTIII  noNAL  roNVK.vnoN.  r.i:; 


.Mr.  Wells,  rli;iinii;iii  of  ilic  Cnmiuittee  on  Revisions  and 
Adjnstim  ins.  !>y  Mr.  <';irr.  asked  ili;ii  that  committee  In*  author 
i/ed  to  employ  ;ui  engrossing  clerk.  which  authority  \v;is  granted 
I  iv  the  <  '(invention. 

On  motion  of  Mr.  Vomit,  the  Convention  adopted  section  6 
as  repiried  by  the  Committee  of  the  Whole. 

on  motion  of  Mr.  Widderfield,  the  Convention  adopted  sec- 
tion 7  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yonnt,  the  Convention'  adopted  section  8 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Yonnt,  the  Convention  adopted  section  9 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  section  10 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Cooper  moved  to  amend  section  11  by  striking  out  the 
word  "six"  in  the  first  line  and  inserting  in  lieu  the  word  "four;'* 
by  st  liking  out  the  word  "four"  in  the  third  line  and  inserting 
in  lien  the  word  "three,"  and  by  striking  out  the  word  "two"  in 
the  fourth  line  and  inserting  in  lieu  the  words  "one  and  one-half." 

And  the  question  being  upon  the  motion  of  Mr.  Cooper  to 
amend  section  11,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
ofe  red  by  Mr.  Cooper. 

Mr.  Rockwell  moved  the  adoption  of  section  11  as  reported 
by  the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Rockwell  to 
adopt  section  11  as  reported  by  the  Committee  of  the  Whole,  and 
being  put,  it  was  decided  in  the  affirmative.  Ayes,  18;  noes,  .1. 

The  ayes  and  noes  being  called  for,  those  voting  ;u  vhe 
affirmative  are  —  Messrs.  Cushman,  Clark  ,  Crosby,  Douglas,  FJIs- 
worth,  Felton,  Hurd,  Hough,  James,  Marsh,  Pease,  Oiiillian, 
Rockwell,  Webster,  Wheeler,  Widderfield,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are  —  Messrs.  Cooper,  Plumb. 
Stover,  Vigil,  Wileox. 

So  the  Convention  adopted  section  11  as  reported  by  the 
Committee  of  the  Whole. 

Mr.  Kllsworth  gave  notice  that  he  would  to-morrow  move  to 
i-(  (-(insider  the  vote  by  Avhich  section  5  was  adopted. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  12 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  section  13 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Rockwell,  the  Convention  adopted  section 
14  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Crosby,  the  Convention  adopted  section  15 
as  reported  by  the  Committee  of  the  Whole. 


514  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Felton,  the  Convention  concurred  in  the 
amendments  to  section  16  reported  by  the  Committee  of  the 
Whole,  viz. :  To  insert  in  the  first  line,  after  the  word  "loan,"  the 
words  "for  state  purposes;"  also,  to- strike  out  the  word  "twenty," 
in  the  second  line,  and  insert  in  lieu  the  word  "fifteen;"  also,  to 
strike  out  in  the  third  line  the  word  "fifteen"  and  insert  in  lieu 
the  word  "'ten." 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section  1(5 
as  reported  by  tluv  Committee  of  the  Whole. 

On  motion  of  Mr.  Crosby,  the  Convention  adopted  section  17 
as  reported  by  the  Comnrttee  of  the  Whole. 

On  motion  of  Mr.  Stover,  the  article  on  Revenue  and  Finance 
was  laid  upon  the  table  for  future  consideration. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on 
"Counties"  as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Mr.  Clark,  chairman  of  the  Committee  on  Mines  and  Mining, 
submitted  the  following  report : 

Denver,  March  1,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Mines  and  Mining,  to  whom 
was  referred  back  section  7  of  the  article  on  Mines  and  Mining, 
for  further  consideration,  would  respectfully  report  said  section 
back  to  the  Convention  and  recommend  that  the  further  considera- 
tion thereof  be  indefinitely  postponed. 

WM.  M.  CLARK, 
Chairman  of  Committee. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  the 
recommendation  of  the  committee  adopted. 

Mr.  Felton,  chairman  of  the  Special  Committee  apointed  to 
prepare  an  election  ordinance,  presented  the  report  of  that  com 
mittee,  as  follows : 

ELECTION  ORDINANCE. 

Whereas,  The  Enabling  Act  passed  by  Congress  and  approved 
March  3,  1875,  requires  that  the  Convention  charged  with  the 
duty  of  framing  a  Constitution  for  a  State  government,  shall 
provide  by  ordinance  for  submitting  said  Constitution  to  the 
people  of  the  Territory  of  Colorado  for  their  ratification  or  re- 
jection ;  therefore,  this  Convention,  organized  in  pursuance  of 
said  Enabling  Act,  does  establish  the  following 

ORDINANCE : 

Section  1.  The  Governor  of  the  Territory  of  Colorado  is 
hereby  authorized  to  issue  his  proclamation  for  the  submission  of 


CONSMII    IIONAL    CONVIIVI  IMN.  .".  1  ."i 

tliis  <  'mist  inn  inn  in  the  people  of  said  Territory  for  their  up 
pi-oval  or  rejection,  on  the  day  of  -Inly,  in  the  year  ol  our 
L«>rd  one  ilmiisaiid  eight  hundred  sevent  \  six ;  and  this  Con- 
slitulinii  sliall  IK-  submitted  to  the  qualified  electors  of  said  Ter- 
ritory in  ilie  several  counties  I  hereof  for  their  approval  or  rejec- 
tion (in  the  said  —  dav  of  .July,  in  the  y<  ar  of  our  Lord  one  thou- 
sand eight  hundred  seventy-six. 

S»-e.  '2.  All  pei-sons  who.  upon  the  date  of  the  aforesaid  elec- 
tion, are  electors  under  the  laws  of  the  Territory  of  Colorado, 
shall  he  (pialitied  voters  upon  the  adoption  or  rejection  of  this 
Constitution;  and  said  election  shall  be  held  in  the  usual  places 
of  holding  elections,  and  be  conducted  in  the  same  manner  as  is 
prescribed  by  the  laws  of  said  Territory  regulating  election-. 

Sec.  :>.  In  voting  upon  this  Constitution  each  elector  shall 
deposit  in  the  ballot  box  a  ticket  whereon  shall  be  written  or 
printed  "For  the  Constitution,"  or  "Against  the  Constitution." 
or  such  other  words  that  [as]  shall  clearly  indicate  the  intention 
of  the  elector. 

Sec.  4.  The  votes  cast  at  said  election  for  the  adoption  or 
rejection  of  the  Constitution  shall  be  canvassed  in  the  same 
manner  as  is  prescribed  by  the  laws  of  the  Territory  of  Colorado 
for  canvassing  the  votes  of  all  general  elections;  and  the  returns 
of  said  election  shall  be  made  .to  the  Governor  of  the  Territory, 
who,  with  the  Chief  Justice  and  the  United  States  Attorney  of 
said  Territory,  or  any  two  of  them,  shall  canvass  the  same;  and 
if  a  majority  of  the  legal  votes  shall  be  cast  for  said  Constitution 
the  Governor  sliall  certify  the  same  to  the  President  of  the  United 
States,  together  with  a  copy  of  said  Constitution  and  Ordinance. 

On  motion  of  Mr.  Rockwell,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Hurd,  the  Convention  adjourned  until 
9  o'clock  a.  m.  to-morrow. 


516  PROCEEDINGS    OF    THE 


THURSDAY,  MARCH  2,  1S76,  NINE  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Millington. 

Roll  called.  Absent — Messrs.  Boyles,  Carr,  Cushmari,  Clark, 
Ebert,  Hurd,  Hough,  Head,  Meyer,  'Rockwell,  Stone,  Webster, 
White  and  Yount. 

The  Journal  having  been  partially  read,  Mr.  Felton  moved 
that  the  further  reading  of  the  Journal  be  dispensed  with,  which 
was  agreed  to. 

Mr.  Bromwell  offered  the  following  resolution  and  moved  its 
adoption : 

"Resolved,  That  the  Committee  on  Finance  be  instructed  to 
prepare  and  report  a  section  limiting  the  amount  which  may  be 
appropriated  by  the  General  Assembly  over  and  above  the  amount 
of  assessment  ~of  tax  available  for  such  appropriations,  so  that 
reasonable  limits  of  excess  in  such  cases  may  be  provided." 

Mr.  Crosby  moved  that  the  resolution  be  laid  upon  the  table 
for  future  consideration. 

And  the  question  being  upon  the  motion  of  Mr.  Crosby  to 
lay  upon  the  table,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Crosby  to  lay  upon  the  table. 

The  question  then  being  upon  the  motion  of  Mr.  Bromwell  to 
adopt  the  resolution,  and  being  put,  it  was  agreed  to. 

Po  the  Convention  adopted  the  resolution  offered  by  Mr. 
Bromwell. 

Messrs.  Cushman,  Carr,  Clark,  Ebert,  Hurd,  Stone  and  Yount 
appeared  and  took  their  seats. 

Mr.  Wells,  chairman  of  the  Committee  of  Revisions  and 
Adjustments,  presented  the  reports  of  that  committee  on  the 
articles  on  State,  County  and  Municipal  Indebtedness,  Preamble 
and  Congressional  and  Legislative  Apportionment,  as  follows, 
which,  on  his  own  motion,  were  ordered  printed  and  laid  upon  the 
table  for  future  consideration : 

Denver,  March  2,   1876. 
To  the  President  and  Members  of  the  Constitutional  Convention  : 

Your  Committee  upon  Revisions,  having  had  under  considera- 
tion the  articles  upon  State,  County  and  Municipal  Indebted- 
ness, beg  leave  to  report  the  same  with  sundry  emendations, 
which  will  appear  by  the  draft  herewith  submitted;  your  com- 
mittee beg  leave  to  also  report  back  the  articles  upon  Con- 
gressional and  Legislative  Apportionment,  with  sundry  emenda- 
tions, which  will  appear  by  the  draft  of  said  articles  hereto  at- 
tached. Your  committee  also  beg  leave  to  report  the  Preamble 
with  .sundry  emendations. 

E.  T.  WELLS,  Chairman. 


roNSTITl   TIo.NAI.    ro\  VKNTION.  517 


i-i  r.i.ic    INDEBTEDNESS. 

Section  1.  Neither  the  State  nor  any  county,  city,  town. 
to\\  nship  or  school  dislrirt  shall  lend  or  pledge  the  credit  or 
faith  tin TCOI.  dired  l\  or  indirectly,  in  any  manner  to  or  in  aid  of 
any  pu-sou.  company  or  corporation,  public  or  private,  for  any 
amount,  or  for  any  purpose  whatever  become  responsible  for  any 
debt,  contract  or  liability  of  any  person,  company  or  corporation, 
public  or  private,  in  or  out  of  the  State. 

Sec.  '2.  Neither  the  State  nor  any  county,  city,  town,  town 
ship  or  school  district,  shall  make  any  donation  or  "rant  to  or  in 
aid  of,  or  become  a  subscriber  to  or  shareholder  in  any  corpora- 
tion or  company,  or  joint  owner  with  any  person,  company  or 
corporation,  public  or  private,  in  or  out  of  the  State,  except  as  to 
such  ownership  as  may  accrue  to  the  State  by  escheat  or  by  for- 
feiture by  operation  or  provision  of  law;  and  except  as  to  such 
owmrship  as  may  accrue  to  the  State  or  to  any  county,  city, 
township  or  school  district,  or  to  either  or  any  of  them  jointly, 
with  any  person,  company  or  corporation  by  forfeiture  or  sale 
of  real  (state  for  non-payment  of  taxes,  or  by  donation  or  devise 
for  public*  use,  or  by  purchase  by  or  on  behalf  of  any  or  either 
of  them  jointly  with  any  or  either  of  them  under  execution  in 
cases  of  lines,  penalties  or  forfeiture,  or  recognizance,  breach  of 
condition  of  official  bond,  or  of  bond  to  secure  public  moneys,  or 
the  performance  of  any  contract  in  which  they  or  any  of  them 
may  be  jointly  or  severally  interested. 

s<  c.  3.  The  State  shall  not  contract  any  debt  by  loan  in  any 
form,  except  to  provide  for  casual  deficiencies  of  revenue,  erect 
public  buildings  for  use  of  the  State,  suppress  insurrection,  de- 
fend the  State,  or  in  time  of  war,  assist  in  defending  the  United 
States;  and  the  amount  of  debt  contracted  in  any  one  year  to 
provide  for  deficiencies  of  revenue  shall  not  exceed  one-fourth  of 
a  mill  on  each  dollar  of  valuation  of  taxable  property  within 
the  State,  and  the  aggregate  amount  of  such  debt  shall  not  at 
any  time  exceed  three-fourths  of  a  mill  on  each  dollar  of  said 
valuation  until  the  valuation  shall  equal  one  hundred  millions  of 
dollars,  and  thereafter  such  debt  shall  not  exceed  one  hundred 
thousand  dollars,  and  the  debt  incurred  in  any  one  year  for 
erection  of  public  buildings  shall  not  exceed  one-half  mill  on 
each  dollar  of  said  valuation,  and  the  aggregate  amount  of  such 
debt  shall  never  at  any  time  exceed  the  sum  of  fifty  thousand 
dollars  (except  as  provided  in  section  5  of  this  article),  and  in 
all  cases  the  valuation  in  this  section  mentioned  shall  be  that  of 
the  assessment  last  preceding  the  creation  of  said  <Toht. 

Sec.  4.  In  no  case  shall  any  debt  above  mentioned  in  this 
article  be  created,  except  by  a  law  which  shall  be  irrepeulable 
until  the  indebtedness  therein  provided  for  shall  have  bet  n  fully 
paid  or  discharged.  Such  law  shall  specify  the  purposes  to 
which  the  funds  so  raised  shall  be  applied,  and  provide  for  the 
levy  of  a  tax  sufficient  to  pay  the  interest  on  and  extinguish  the 
principal  of  such  debt  within  the  time  limited  by  such  law  for  the 


518  PROCEEDINGS    OF    THE 

payment  thereof,  which  in  the  case  of  debts  contracted  for  the 
erection  of  public  buildings  and  supplying  deficiencies  of  revenue 
shall  not  be  less  than  ten  nor  more  than  fifteen  years,  and  the 
funds  arising  from  the  collection  of  any  such  tax  shall  not  be 
applied  to  any  other  purpose  than  that  provided  in  the  law  levy- 
ing the  same,  and  when  the  debt  thereby  created  shall  be  paid 
or  discharged,  such  tax  shall  cease. 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings 
may  be  created  by  law  as  provided  for  in  section  4  of  this  article, 
not  exceeding  in  the  aggregate  three  mills  on  each  dollar  of  said 
valuation;  Provided,  that  before  going  into  effect  such  loan 
shall  be  ratified  by  the  vote  of  a  majority  of  such  qualified  electors 
of  the  State  as  shall  vote  thereon  at  a  general  election,  under  such 
regulations  as  the  General  Assembly  may  prescribe. 

Sec.  6.  No  county  shall  contract  any  debt  by  loan  in  any 
form,  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  public  roads  and  bridges,  and  such  in- 
debtedness contracted  in  any  one  year  shall  not  exceed  the 
rates  upon  the  taxable  property  in  such  county,  following,  to-wit : 
Counties  in  which  the  assessed  valuation  of  taxable  property 
shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty  cents  on 
each  thousand  dollars  thereof;  counties  in  which  such  valuation 
shall  be  less  than  five  millions  of  dollars,  three  dollars  on  each 
thousand  dollars  thereof;  and  the  aggregate  amount  of  such  in- 
debtedness of  any  county  for  all  purposes,  exclusive  of  debts  con- 
tracted before  the  adoption  of  this  Constitution,  shall  not  at  any 
time  exceed  twrice  the  amount  above  herein  limited,  unless  when 
in  manner  provided  by  law,  the  question  of  incurring  such 
debt  shall  at  a  general  election  be  submitted  to  such  of  the 
qualified  electors  of  such  county  as  in  the  year  last  precding 
such  election  shall  have  paid  a  tax  upon  property  assessed  to 
them  in  such  county,  and  a  majority  of  those  voting  thereon  shall 
vote  in  favor  of  incurring  the  debt;  but  the  bonds,  if  any  be  issued 
therefor,  shall  not  run  less  than  ten  years,  and  the  aggregate 
amount  of  debt  so  contracted  shall  not  at  any  time  exceed  twice 
the  rate  upon  the  valuation  last  herein  mentioned ;  Provided, 
that  this  section  shall  not  apply  to  counties  having  a  valuation 
of  less  than  one  million  of  dollars. 

Sec.  7.  No  debt  by  loan  in  any  form  shall  be  contracted  by 
any  school  district  for  the  purpose  of  erecting  and  furnishing 
school  buildings  or  purchasing  grounds,  unless  the  proposition 
to  create  such  debt  shall  first  be  submitted  to  such  qualified  elec- 
tors of  the  district  as  shall  have  paid  a  school  tax  therein  in  the 
year  next  preceding  such  election,  and  a  majority  of  those  voting 
thereon  shall  vote  in  favor  of  incurring  such  debt. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan  in 
any  form,  except  by  means  of  an  ordinance,  which  shall  be  irre- 
pealable  until  the  indebtedness  therein  provided  for  shall  have 
been  fully  paid  or  discharged,  specifying  the  purposes  to  which 
the  funds  to  be  raised  shall  be  applied  and  providing  for  the 


CONST!  I  I     I  lo\.\L    ro.N  VKNTION.  .11! » 

lc\  \     of    ;i     tax    Hot     eXctedillg    twelve     I  1  I*  I     lllills    oil    cadi    dollar    of 

valuation  of  taxable  property  \viiliiii  sm-li  city  or  town,  sufficient 
i"  i  ay  the  MIIIIUM!  interest  MIK!  extinguish  the  principal  of  such 
debt  within  fifteen  but  nnt  less  lliMn  ten  years  from  the  creation 
thereof.  Mlitl  such  (MX  when  collected  sliMll  be  applied  only  to  the 
purposes  in  such  ordinance  specified,  until  the  indebtedness  sliMll 
he  |»Mid  or  discharged,  lint  no  such  debt  shall  be  created  unless 
the  qmstion  of  incurring  the  same  shall  at  a  regular  election  for 
council  man.  alderman  or  officers  of  such  city  or  town  be  sub- 
mitted to  a  vote  of  such  qualified  electors  thereof  as  shall  in  the 
year  next  preceding  have  ]  aid  a  property  tax  therein,  and  a 
majority  of  those  voting  on  the  question,  by  ballot  deposited  in  a 
separate  ballot  box.  sliMll  vote  in  favor  of  creating  such  debt; 
but  the  aggregate  amount  of  debt  so  created,  together  with  the 
debt  existing  at  the  time  of  such  election,  shall  not  at  any  time 
exceed  three  per  cent,  of  the  valuation  last  aforesaid.  Debts 
contracted  for  supplying  water  to  such  city  or  town  are  excepted 
from  the  operation  of  this  section. 

The  valuation  in  this  section  mentioned  shall  be  in  all  cases 
that  of  the  assessment  next  preceding  the  last  assessment  before 
the  adoption  of  such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  be  so  con- 
strued to  either  impair  or  add  to  the  obligation  of  any  debt  here- 
tofore contracted  by  any  county,  city,  town  or  school  district  in 
accordance  with  the  laws  of  Colorado  Territory,  or  prevent  the 
contracting  of  any  de*bt  or  the  issuing  of  bonds  therefor  in  ac- 
cordance with  said  laws  upon  any  proposition  for  that  purpose, 
which  may  have  been  according  to  said  laws  submitted  to  a  vote 
of  the  qualified  electors  of  any  county,  city,  town  or  school  dis- 
trict before  the  day  on  which  this  Constitution  takes  effect. 

PREAMBLE. 

\Ve,  the  people  of  Colorado,  with  profound  reverence  for  the 
Supreme  Ruler  of  the  Universe,  in  order  to  form  a  more  inde- 
pendent and  perfect  form  of  government,  establish  justice,  insure 
tranquillity,  provide  for  the  common  defense,  promote  the  general 
welfare  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for  the  State 
of  Colorado. 

CONGRESSIONAL  AND  LEGISLATIVE  APPORTIONMENT. 

Section  1.  One  Representative  in  the  Congress  of  the  United 
States  shall  be  elected  from  the  State  at  large  at  the  first  election 
under  this  Constitution,  and  thereafter  at  such  times  and  places 
and  in  such  manner  as  may  be  prescribed  by  law.  When  a  new 
apportionment  shall  be  made  by  Congress  the  General  Assembly 
shall  divide  the  State  into  congressional  districts  accordingly. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  State  in  the  year  of  our 


520  PROCEEDINGS   OF    THE 

Lord  one  thousand  eight  hundred  and  eighty-five  and  every  tenth 
year  thereafter ;  and  at  the  session  next  following  such  enumera- 
tion, and  also  at  the  session  next  following  an  enumeration  made 
by  the  authority  of  the  United  States,  shall  revise  and  adjust 
the  apportionment  for  Senators  and  Representatives  on  the  basis 
of  such  enumeration,  according  to  ratios  fixed  by  law. 

Sec.  3.  The  Senate  shall  consist  of  twenty-six  and  the  House 
of  Representatives  of  forty-nine  members,  which  number  shall 
not  be  increased  until  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ninety,  after  which  time  the  General  Assembly  may 
increase  the  number  of  Senators  and  Representatives,  preserving 
as  near  as  may  be  the  present  proportion  as  to  the  number  in  each 
House,  provided  that  the  aggregate  number  of  Senators  and 
Representatives  shall  never  exceed  one  hundred. 

Sec.  4.  Senatorial  and  Representative  districts  may  be 
altered  from  time  to  time  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties  they  shall  be  contiguous,  and  the  district 
as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  a  Senatorial  or  Representative  district. 

Sec.  5.  Until  the  State  shall  be  divided  into  Senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article,  said  dis- 
tricts shall  be  constituted  and  numbered  as  follows: 

The  county  of  Weld  shall  constitute  the  first  district  and  be 
entitled  to  one  Senator. 

The  county  of  Larimer  shall  constitute  the  second  district 
and  be  entitled  to  one  Senator. 

The  county  of  Boulder  shall  constitute  the  third  district  and 
be  entitled  to  two  Senators. 

The  county  of  Gilpin  shall  constitute  the  fourth  district  and 
be  entitled  to  one  Senator. 

The  counties  of  Gilpin,  Summit  and  Grand  shall  constitute 
the  fifth  district  and  be  entitled  to  one  Senator. 

The  county  of  Clear  Creek  shall  constitute  the  sixth  district 
and  be  entitled  to  two  Senators. 

The  county  of  Jefferson  shall  constitute  the  seventh  district 
and  be  entitled  to  one  Senator. 

The  county  of  Arapahoe  shall  constitute  the  eighth  district 
and  be  entitled  to  four  Senators. 

The  counties  of  Elbert  and  Bent  shall  constitute  the  ninth 
district  and  be  entitled  to  one  Senator. 

The  county  of  El  Paso  shall  constitute  the  tenth  district  and 
be  entitled  to  one  Senator. 

The  county  of  Douglas  shall  constitute  the  eleventh  district 
and  be  entitled  to  one  Senator. 

The  county  of  Park  shall  constitute  the  twelfth  district  and 
be  entitled  to  one  Senator. 


CONSTITUTIONAL   CONVENTION.  .".1M 

The  counties  of  Lake  and  Saunarhe  shall  constitute  tlie  tliir- 
it  tilth  dislrici  and  l»c  entitled  in  OIK*  Senator. 

Tin-  count  v  of  Fremont  shall  constitute  the  fourteenth  dis- 
trict and  he  cniitled  to  one  Senator. 

The  count  \  of  Pueblo  shall  constitute  the  fifteenth  district 
and  he  cut  it  led  to  one  Senator. 

The  county  of  Huerfano  shall  constitute  the  sixteenth  dis- 
trict and  be  entitled  to  one  Senator. 

The  county  of  Las  Animas  shall  constitute  the  seventeenth 
district  and  be  entitled  to  two  Senators. 

The  county  of  Cost  ilia  shall  constitute  the  eighteenth  dis- 
trict  and  be  entitled  to  one  Senator. 

The  county  of  Conejos  shall  constitute  the  nineteenth  dis- 
trict and  be  entitled  to  one  Senator. 

The  counties  of  Rio  Grande,  Hinsdale.  La  Plata  and  San 
Juan  shall  constitute  the  twentieth  district  and  be  entitled  to 
one  Senator. 

Sec.  6.  Until  an  apportionment  of  Representatives  be  made 
in  accordance  with  the  provisions  of  this  article,  they  shall  be  di- 
vided among  the  several  counties  of  the  State  in  the  following 
manner:  The  county  of  Arapahoe  shall  have  seven,  the  counties 
of  Boulder  and  Clear  Creek,  each  four;  the  counties  of  Gilpin  and 
Las  Animas,  each  three;  the  counties  of  El  Paso,  Fremont,  Huer- 
fano, Jefferson,  Pueblo  and  Weld,  each  two ;  the  counties  of  Bent, 
Costilla,  Conejos,  Douglas,  Elbert,  Grand,  Hinsdale,  Larimer, 
La  Plata,  Lake,  Park,  Rio  Grande,  Summit,  Saguache  and  San 
Juan,  each  one,  and  the  counties  of  Costilla  and  Conejos,  jointly, 
one\ 

Mr.  Yount,  of  the  Committee  on.  Printing,  reported  back  to 
the  Convention  the  articles  on  "Bill  of  Rights,"  "Executive  De- 
partment" and  "State  Institutions  and  Buildings/'  as  reported 
by  the  Committee  on  Revisions  and  Adjustments,  as  correctly 
printed.  There  being  no  objection  the  report  was  received  and 
filed  by  the  Secretary. 

On  motion  of  Mr.  Wells,  the  article  on  State  Institutions 
and  Buildings  was  taken  from  the  table. 

Mr.  \Vells  moved  that  the  article  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Beck,  section  1,  as  reported  by  the  Coin 
mittee  on  Revisions  and  Adjustments,  was  approved  by  the  Con- 
vention. 

On  motion  of  Mr.  Douglas,  section  2  was  stricken  out,  as 
recommended  by  the  committee. 

On  motion  of  Mr.  Felton,  section  3  was  stricken  out  and 
consolidated  with  section  10  of  article  on  Education,  as  recom- 
mended by  the  committee. 

On  motion  of  Mr.  Felton,  section  4,  as  revised  by  the  com- 
mittee, was  approved  by  the  Convention. 


T)!'!'  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  James,  the  Convention  approved  section  5 
as  revised  by  the  committee. 

Section   6  remains  unchanged. 

On  motion  of  Mr.  Douglas,  the  Convention  approved  section 
7  as  revised  by  the  committee. 

Ho  the  Convention  approved  the  article  on  State  Institutions 
and  Buildings  as  revised  by  the  Committee  on  Revisions  and  Ad- 
justments, in  the  words  following : 

STATE   INSTITUTIONS  AND   BUILDINGS. 

Section  1.  Educational,  reformatory  and  penal  institutions, 
and  those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  and 
such  other  institutions  as  the  public  good  may  require,  shall  be 
established  and  supported  by  the  State  in  such  manner  as  may 
be  prescribed  by  law. 

Section  2  struck  out  because  provided  for  in  section  7,  article 
on  Executive  Department. 

Section  3  to  be  consolidated  with  section  10  of  article  on 
Education. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to  change 
or  to  locate  the  seat  of  government  of  the  State,  but  shall  at  its 
first  session  subsequent  to  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty  provide  by  law  for  submitting  the 
question  of  the  permanent  location  of  the  seat  of  government  to 
the  qualified  electors  of  the  State  at  the  general  election  then 
next  ensuing,  and  a  majority  of  all  the  votes  upon  said  question 
cast  at  said  election  shall  be  necessary  to  determine  the  location 
thereof.  Said  General  Assembly  shall  also  provide  that  in  'case 
there  shall  be  no  choice  of  location  at  said  election  the  question 
of  choice  between  the  two  places  for  which  the  highest  number 
of  votes  shall  have  been  cast  shall  be  submitted  in  like  manner 
to  the  qualified  electors  of  the  State  at  the  next  general  election. 
Provided,  that  until  the  seat  of  government  shall  have  been  per- 
manently located  as  herein  provided,  the  temporary  location 
thereof  shall  remain  at  the  city  of  Denver. 

Sec.  5.  When  the  seat  of  government  shall  have  been  located 
as  herein  provided,  the  location  thereof  shall  not  thereafter  be 
changed  except  by  a  vote  of  two-thirds  of  all  the  qualified  electors 
of  the  State  voting  on  that  question  at  a  general  election  at  which 
the  question  of  location  of  the  seat  of  government  shall  have  been 
submitted  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  make  no  appropriation 
or  expenditure  for  Capitol  buildings  or  grounds  until  the  seat  of 
government  shall  have  been  permanently  located  as  herein  pro- 
vided. 

Sec.  7.  The  following  Territorial  institutions,  to-wit:  the 
University  at  Boulder,  the  Agricultural  College  at  Fort  Collins, 
the  School  of  Mines  at  Golden,  the  Institute  for  the  Education  of 


CONS-ITU  TIONAL   CONVENTION.  523 

Mutes  ;it  <  'olor.-uld  Springs,  shall,  upon  the  adoption  of  Mils  Con- 
stitution heroine  institutions  of  tin*  Stale  nf  Colorado,  and  the 
management  thereof  subject  to  the  control  of  the  State,  und<  r 
such  laws  and  peculations  as  the  Cieneral  Assembh  shall  providi  : 
and  the  location  of  said  institutions,  as  well  as  all  gifts,  grants 
and  appropriations  <:f  money  and  properly,  real  and  personal, 
heretofore  made  to  said  seyeral  institutions  are  hereby  continmd 
to  the  use  and  hcneth  of  the  same,  respectively.  Provided,  this 
se.-t  ion  shall  not  apply  to  any  institution,  the  property,  real  or 
pepsonal.  of  which  is  now  yested  in  the  trustees  thereof,  until 
such  property  he  tpansferred  by  proper  eonveyance,  togther  with 
the  control  thereof,  to  the  officers  provided  for  the  managi  men! 
of  said  institution  by  this  Constitution,  or  by  law. 

On  motion  of  Mr.  Wells,  the  article  on  State  Institutions 
and  Buildings,  as  approved  by  the  Convention,  was  recommitted 
to  the  Committee  on  Revisions  and  Adjustments  for  adjustment 
in  the  Constitution,  and  the  Secretary  was  instructed  to  furnish 
the  Committee  on  Engrossing  and  Enrolling  with  a  copy  thereof 
for  enrollment 

'  On  motion  of  Mr.  Wells,  the  article  on  Bill  of  Rights,  as 
reported  by  the  Committee  on  Revisions  and  Adjustments,  was 
taken  from  the  table. 

The  preamble  and  sections  1,  2  and  3  remain  unchanged. 

Section  4,  as  revised  by  the  committee  was  approved. 

Sections  5,  6  and  7  remain  unchanged. 

Section  8,  as  revised  by  the  committee,  was  approved. 

Section  9  remains  unchanged. 

Sections  10,  11,  12  and  13,  as  revised  by  the  committee,  were 
approved  by  the  Convention. 

On  motion  of  Mr.  Bromwell,  section  14  was  recommitted  to 
the  Committee  on  Revisions  and  Adjustments,  and  was,  after 
being  amended,  again  reported  to  the  Convention  by  Mr.  Wells. 
chairman  of  the  committee,  in  the  words  following: 

Sec.  14.  That  private  property  shall  not  be  taken  for  private 
use  unless  by  consent  of  the  owner,  except  for  private  ways 
of  necessity,  and  except  for  reservoirs,  drains,  Humes  or  ditch*  s 
on  or  across  the  lands  of  others  for  agricultural,  mining,  milling, 
domestic  or  sanitary  purposes. 

On  motion  of  Mr.  Stone,  section  14,  as  revised  and  reported 
by  the  committee,  was  approved  by  the  Convention. 

Sections  15,  1(>,  IT,  IS.  1!)  and  LM).  as  revised  by  the  committee, 
were  approved  by  the  Convention. 

Sections  21  and  22  remain  unchanged. 

Sections  '2-\  and  L'4,  as  revised  by  the  committee,  were  ap- 
proved by  the  Convention. 

Sections  25  and  20  remain  unchanged. 


524  PROCEEDINGS    OF    THE 

Section  27,  as  revised  by  the  committee,  was  approved  by  the 
Convention. 

Section  28  remains  unchanged. 

So  the  Convention  approved  the  article  on  Bill  of  Rights  as 
revised  by  the  Committee  on  Revisions  and  Adjustments,  in  the 
words  following: 

ARTICLE  — . 

BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties  and 
proclaim  the  principles  upon  which  our  government  is  founded, 
we  declare: 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people;  that  all  government,  of  right,  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec.  2..  That  the  people  of  this  State  have  the  sole  and  ex- 
clusive right  of  governing  themselves  as  a  free,  sovereign  and 
independent  State ;  and  to  alter  and  abolish  their  Constitution 
and  form  of  government  whenever  they  may  deem  it  necessary 
to  their  safety  and  happiness;  Provided,  such  change  be  not  re- 
pugnant to  the  Constitution  of  the  United  States. 

Sec.  3.  That  all  persons  have  certain  natural,  essential  and 
inalienable  rights,  among  which  may  be  reckoned  the  right  of  en- 
joying and  defending  their  lives  and  liberties;  that  of  acquiring, 
possessing  and  protecting  property,  and  of  seeking  and  obtaining 
their  safety  and  happiness. 

Sec.  4.  That  the  free  exercise  and  enjoyment  of  religious 
profession  and  worship  without  discrimination  shall  forever 
hereafter  be  guaranteed;  and  no  person  shall  be  denied  any  civil 
or  political  right,  privilege  or  capacity  on  account  of  his  opinions 
concerning  religion ;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  construed  to  dispense  with  oaths  or  affirmations,  ex- 
cuse acts  of  licentiousness  or  justify  practices  inconsistent  with 
the  good  order,  peace  or  safety  of  the  State.  No  person  shall  be 
required  to  attend  or  support  any  ministry  or  place  of  worship, 
religious  sect  or  denomination  against  his  consent.  Nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or 
mode  of  worship. 

Sec.  5.  That  all  elections  shall  be  free  and  open,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent  the 
free  exercise  of  the  right  of  suffrage. 

Sec.  6.  The  courts  of  justice  shall  be  open  to  every  person, 
and  a  speedy  remedy  afforded  for  every  injury  to  person, 
property  or  character;  and  that  right  and  justice  should  be  ad- 
ministered without  sale,  denial  or  delay. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  homes  and  effects  from  unreasonable  searches  and  seiz- 


CONSTITI    I  IMNAL,    CONVENTION.  525 

ures;  ami  no  warrant  (o  search  any  place  or  sei/.e  ;m\  person  or 
tiling  shall  issue  without  describing  the  |ila<-e  to  lie  searched  or 
the  person  or  tiling  to  be  seized,  as  near  as  may  be.  nor  without 
probable  cause,  supported  h\  <iaih  or  affirmation  reduced  to 
writing. 

Sec.  8.  That  until  otherwise  provided  bylaw,  no  person  shall, 
for  a  felony,  be  proceeded  against  criminally  otherwise  than  by 
indictment,  except  in  cases  arising  in  the  land  or  naval  forces  or 
in  the  militia  when  in  actual  service  in  time  of  war  or  public- 
danger.  In  all  other  cases  offenses  shall  be  prosecuted  criminally 
by  indictment  or  information. 

Sec.  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort;  that  no  person  can  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  his  confession  in  open  court.  That  no  person  can  be 
attainted  of  treason  or  felony  by  the  General  Assembly;  that  no 
conviction  can  work  corruption  of  blood  or  forfeiture  of  estate; 
that  the  estates  of  such  persons  as  may  destroy  their  own  lives 
shall  descend  or  vest  as  in  cases  of  natural  death. 

&ec.  10.  That  no  law  shall  be  passed  impairing  the  freedom 
of  speech ;  that  every  person  shall  be  free  to  speak,  write  or  pub- 
lish whatever  he  will  on  any  subject,  being  responsible  for  all 
abuse  of  that  liberty;  and  that  in  all  suits  and  prosecutions  for 
libel  the  truth  thereof  may  be  given  in  evidence,  and  the  jury, 
under  the  direction  of  the  court,  shall  determine  the  law  and  the 
fact. 

Sec.  11.  That  no  ex  post  facto  law,  nor  law  impairing  the 
obligation  of  contract  or  retrospective  in  its  operation  or  making 
any  irrevocable  grant  of  special  privileges,  franchises  or  immuni- 
ties, shall  be  passed  by  the  General  Assembly. 

Sec.  12.  That  no  person  shall  be  imprisoned  for  debt,  unless, 
upon  refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors 
in  such  manner  as  shall  be  prescribed  by  law,  or  in  cases  of  tort 
or  when  there  is  a  strong  presumption  of  fraud. 

Sec.  13.  That  the  right  of  no  person  to  keep  and  bear  arms 
in  defense  of  his  home,  person  arid  property,  or  in  aid  of  the  civil 
power  when  thereto  legally  summoned,  shall  be  called  in  ques- 
tinn;  but  nothing  herein  contained  shall  be  construed  to  justify 
the  practice  of  carrying  concealed  weapons. 

Sec.  14.  That  private  property  shall  not  be  taken  for  private 
use  unless  by  consent  of  the  owner,  except  for  private  ways  of 
necessity,  and  except  for  reservoirs,  drains,  flumes  or  ditches  on 
or  across  the  lands  of  others,  for  agricultural,  mining,  milling, 
domestic  or  sanitary  purposes. 

Sec.  15.  That  private  property  shall  not  be  taken  or  dam- 
aged for  public  or  private  use  without  just  compensation.  Such 
compensation  shall  be  ascertained  by  a  board  of  commissioners 
of  not  less  than  three  freeholders,  or  by  a  jury,  when  required  by 


526  PROCEEDINGS    OP    THE 

the  owner  of  the  property,  in  such  manner  as  may  be  prescribed 
by  law,  and  until  the  same  shall  be  paid  to  the  owner,  or  into  court 
for  the  owner,  the  property  shall  not  be  needlessly  disturbed,  or 
the  proprietary  rights  of  the  owner  therein  divested;  and  when- 
ever an  attempt  is  made  to  take  private  property  for  use  alleged 
to  be  public  the  question  whether  the  contemplated  use  be  really 
public  shall  be  a  judicial  question  and  determined  as  such  with- 
out regard  to  any  legislative  assertion  that  the  use  is  public. 

Sec.  16.  That  in  criminal  prosecutions  the  accused  shall  have 
the  right  to  appear  and  defend,  in  person  and  by  counsel ;  to  de- 
mand the  nature  and  cause  of  the  accusation;  to  meet  the  wit- 
nesses against  him  face  to  face ;  to  have  process  to  compel  the  at- 
tendance of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by 
an  impartial  jury  of  the  county  or  district  in  which  the  offense  is 
alleged  to  have  been  committed. 

Sec.  17.  That  no  person  shall  be  imprisoned  for  the  pur- 
pose of  securing  his  testimony  in  any  case  longer  than  may  be 
necessary  in  order  to  take  his  deposition.  If  he  can  give  secur- 
ity he  shall  be  discharged;  if  he  can  not  give  security  his  deposi- 
tion shall  be  taken  by  some  Judge  of  the  Supreme  District  or 
County  Court  at  the  earliest  time  he  can  attend  at  some  con- 
venient place  by  him  appointed  for  that  purpose,  of  which  time 
and  place  the  accused  and  the  attorney  prosecuting  for  the 
people  shall  have  reasonable  notice.  The  accused  shall  have 
the  right  to  appear  in  person  and  by  counsel.  If  he  have  no 
counsel  the  Judge  shall  assign  him  one  in  that  behalf  only.  On 
the  completion  of  such  examination,  the  witness  shall  be  dis- 
charged on  his  own  recognizance,  entered  into  before  said  Judge, 
but  such  deposition  shall  not  be  used  if,  in  the  opinion  of  the 
court,  the  personal  attendance  of  the  witness  might  be  pro- 
cured by  the  prosecution  or  is  procured  by  the  accused.  No  ex- 
ception shall  be  taken  to  such  deposition  as  to  matters  of  form. 

Sec.  18.  That  no  person  shall  be  compelled  to  testify 
against  himself  in  a  criminal  case;  nor  shall  any  person  be 
twice  put  in  jeopardy  for  the  same  offense;  if  the  jury  disagree, 
or  if  the  judgment  be  arrested  after  a  verdict,  or  if  the  judg- 
ment be  reversed  for  error  in  law  the  accused  shall  not  be 
deemed  to  have  been  in  jeopardy 

Sec.  19.  That  all  persons  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  when  the  proof  is  evident 
or  the  presumption  great. 

Sec.  20.  That  excessive  bail  shall  not  be  required,  nor  ex- 
i-essive  fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

Sec.  21.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  never  be  suspended  unless  when  in  case  of  rebellion  or 
invasion  the  public  safety  may  require  it. 

Sec.  22.  That  the  military  shall  always  be  in  strict  sub- 
ordination to  the  civil  power;  that  no  soldier  shall  in  time  of 


TIONAL  CONVENTION.  ~>-  7 

peace    be    ojiartered    in    any    house    without     the    consent     of    the 
owner,  imr  in   time  <»f  war.  e\c«  pi    in   the  manner  prescribed   bv 

law. 

S"c.  1'.",.  The  right  of  lri;;l  by  jury  shall  remain  inviolate 
in  criminal  cases,  bin  a  jury  in  civil  cases  in  all  courts  or  in 
criminal  cases  in  cnnrls  not  of  record  mav  consist  of  less  than 
twelve  men,  as  may  IK*  prescribed  by  law.  Hereafter  a  grand 
jury  shall  consist  of  twelve  men,  any  nine  of  whom  concurring 
may  find  an  indictment;  Provided,  the  General  Assembly  may 
change,  regulate  or  abolish  the  grand  jury  system. 

Sec.  24.  That  the  people  have  the  right  peaceably  to  as- 
st  mble  for  the  common  good,  and  to  apply  to  those  invested 
with  the  powers  of  government  for  redress  of  grievances  by 
petition  or  remonstrance. 

Sec.  I*,").  That  no  person  shall  be  deprived  of  life,  liberty 
or  property,  without  due  process  of  law. 

Sec.  2(1.  That  there  shall  never  be  in  this  State  either  slav- 
ery or  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  '11.  Aliens  who  are  or  who  may  hereafter  become 
bona  fide  residents  of  this  State  may  acquire,  inherit,  possess, 
enjoy  and  dispose  of  property,  real  and  personal,  as  natural 
born  citizens. 

Sec.  2S.  The  enumeration  in  this  Constitution  of  certain 
i  ights  shall  not  be  construed  to  deny,  impair  or  disparage  others 
retained  by  the  people. 

On  motion  of  Mr.  Wells,  the  article  on  Bill  of  Rights,  ap- 
proved by  the  Convention,  was  recommitted  to  the  Committee 
on  Revisions  and  Adjustments  for  adjustment  in  the  Constitu- 
tion, and  the  Secretary  was  instructed  to  furnish  the  chairman 
of  the  Committee  on  Engrossing  and  Enrolling  with  a  copy  for 
enrollment. 

On  motion  of  Mr.  Wells,  the  article  on  Executive  Depart- 
ment as  reported  by  the  Committee  on  Revisions  and  Adjust- 
ments was  taken  from  the  table. 

Section   1  as  revised  by  the  committee   was  approved  by 
the  Convention. 
••   Section  2  remains  unchanged. 

Section  3  as  revised  by  the  committee  was  approved  by 
the  Convention. 

Section  4  was  stricken  out,  as  recommended  by  the  com- 
mittee. 

Sections  5,  6,  7,  8,  9,  10  and  11,  as  revised  by  the  committee, 
was  approved  by  the  Convention. 

Section  12  was  stricken  our  because  consolidated  with 
section  7  as  recommended  by  the  committee 

Sections  i:i,  14  and  lo,  as  revised  by  the  committee,  weiv 
approved  by  the  Convention. 


528  PROCEEDINGS   OF    THE 

Section  16  remains  unchanged. 

Sections  17,  18,  1.9,  20  and  21,  as  revised  by  the  committee, 
were  approved  by  the  Convention. 

Section  22  remains  unchanged. 

Section  23  as  revised  by  the  committee  was  approved. 

So  the  Convention  approved  the  article  on  Executive  De- 
partment as  revised  by  the  Committee  on  Revisions  and  Adjust- 
ments in  the  words  following: 

ARTICLE  — . 
EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General  and  Superintendent 
of  Public  Instruction,  each  of  whom  shall  hold  his  office  for  the 
term  of  two  years,  beginning  on  the  second  Tuesday  of  January 
next  after  his  election;  Provided,  that  the  terms  of  office  of 
those  chosen  at  the  first  election  held  under  this  Constitution 
shall  begin  on  the  day  appointed  for  the  first  meeting  of  the 
General  Assembly.  The  officers  of  the  Executive  Department, 
except  the  Lieutenant  Governor,  shall,  during  their  term  of  of- 
fice, reside  at  the  Seat  of  Government,  where  they  shall  keep 
the  public  records,  books  and  papers.  They  shall  perform  such 
duties  as  are  prescribed  by  the  Constitution  or  by  law. 

Sec.  2.  The  supreme  executive  power  of  the  State  shall 
be  vested  in  the  Governor,  who  shall  take  care  that  the  laws 
be  faithfully  executed. 

Sec.  3.  The  officers  named  in  section  one  of  this  article 
shall  be  chosen  on  the  day  of  the  General  Election  by  the  quali- 
fied electors  of  the  State.  The  returns  of  every  election  for  said 
officers  shall  be  sealed  up  and  transmitted  to  the  Secretary  of 
State,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall,  immediately  upon  the  organization  of  the  House,  and 
before  proceeding  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  the  members  of  both  houses  of 
the  General  Assembly,  who  shall  assemble  for  that  purpose  in 
the  House  of  Representatives.  The  person  having  the  highest 
number  of  votes  for  either  of  said  offices  shall  be  declared  duly 
elected;  but  if  two  or  more  have  an  equal  and  the  highest  num- 
ber of  votes  for  the  same  office,  one  of  them  shall  be  chosen 
thereto  by  the  two  houses  on  joint  ballot.  Contested  elections 
for  the  said  offices  shall  be  determined  by  the  two  houses  on 
joint  ballot  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  4.  Stricken  out  because  provided  for  in  the  article  on 
Impeachment,  etc. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor, Lieutenant  Governor  or  Superintendent  of  Public  In- 
struction unless  he  shall  have  attained  the  age  of  thirty  years; 


CONSTITUTIONAL    CON  \  i:  \  1  i<  >N.  •'-!» 

linl-   In    III,     nllice  of   Auditor  of  Slate.   Secretary   of  Slate  nr   Stale 

Treasurer,  unless  lie  shall  have  attained  the -ago  of  twenty-live 
vears;  nor  to  the  office  of  Attorney  Gem-nil  unless  he  slmll  have 
attained  the  a.u'e  of  twenty-live  years  and  be  a  licensed  attorney 
of  the  State  or  of  the  Territory  of  Colorado  in  good  standing. 

At  the  first  election  under  this  Constitution  any  person  be 
in.i:  ,i  qualified  elector  at  the  time  of  the  adoption  of  this  Con- 
stitution, and  having  the  qualifications  above  herein  prescribed 
lor  any  one  of  said  offices  shall  be  eligible  thereto;  but  there- 
after no  person  shall  be  eligible  to  any  one  of  said  offices,  un- 
less in  addition  to  the  qualifications  above  prescribed  therefor. 
lie  shall  be  a  citizen  of  the  United  States  and  have  resided  with- 
in the  limits  of  the  Slate  two  years  next  preceding  his  election. 

Sec.  6.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  forces  of  the  State  except  when  they  shall  be  called 
into  actual  service  of  the  United  States.  He  shall  have  power 
to  call  out  the  militia  to  execute  the  laws,  suppress  insurrection 
or  repel  invasion. 

Sec.  7.  The  Governor  shall  nominate  and,  by  and  with  the 
consent  of  the  Senate,  appoint  all  officers  whose  offices  are  es- 
tablished by  this  Constitution  or  which  may  be  created  by  law 
and  whose  appointment  or  election  is  not  otherwise  provided 
for,  and  may  remove  such  officer  for  incompetency,  neglect  of 
duty  or  malfeasance  in  office.  If,  during  the  recess  of  the  Sen- 
ate, a  vacancy  occur  in  any  such  office,  the  Governor  shall  ap- 
point some  fit  person  to  discharge  the  duties  thereof  until  the 
next  meeting  of  the  Senate,  when  he  shall  nominate  some  per- 
son to  fill  such  office.  If  the  office  of  Auditor  of  State,  State 
Treasurer,  Secretary  of  State,  Attorney  General  or  Superintend- 
ent of  Public  Instruction  shall  be  vacated  by  death,  resignation 
or  otherwise,  it  shall  be  the  duty  of  the  Governor  to  fill  the 
same  by  appointment,  and  the  appointee  shall  hold  his  office 
until  his  successor  shall  be  elected  and  qualified  in  such  man- 
ner as  may  be  provided  by  law.  The  Senate  in  deliberating  upon 
executive  nominations  may  sit  with  closed  doors,  but  in  act- 
ing upon  nominations  they  shall  sit  with  open  doors,  and  the 
vote  shall  be  taken  by  ayes  and  noes,  which  shall  be  entered 
upon  the  Journal. 

Sec.  8.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  ex- 
cept treason,  and  except  in  case  of  impeachment,  subject  to 
such  regulations  as  may  be  prescribed  by  law  relative  to  the 
manner  of  applying  for  pardons;  but  he  shall  in  every  case 
where  he  may  exercise  this  power  send  to  the  General  Assembly 
at  its  first  session  a  transcript  of  the  petition,  all  proceedings 
and  the  reasons  for  his  action. 

Sec.  9.  The  Governor  may  require  information  in  writing 
from  the  officers  of  tne  Executive  Department  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices,  which  in- 


530  PROCEEDINGS    OF    THE 

formation  shall  be  given  upon  oath  whenever  so  required;  he 
may  also  require  information  in  writing  at  any  time  under  oath 
from  all  officers  and  managers  of  State  institutions  upon  any 
subject  relating  to  the  condition,  management  and  expenses  of 
their  respective  offices  and  institutions.  The  Governor  shall, 
at  the  commencement  of  each  session,  and  from  time  to  time,  by 
message,  give  to  the  General  Assembly  information  of  the  con- 
dition of  the  State,  and  shall  recommend  such  measures  as  he 
shall  deem  expedient;  he  shall  also  send  to  the  General  Assem- 
bly a  statement  with  vouchers  of  the  expenditures  of  all  moneys 
belonging  to  the  State  and  paid  out  by  him;  he  shall  also,  at 
the  commencement  of  each  session,  present  estimates  of  the 
amount  of  money  required  to  be  raisd  by  taxation  for  all  pur- 
poses of  the  State. 

Sec.  10.  The  Governor  may,  on  extraordinary  occasions, 
convene  the  General  Assembly  by  proclamation,  stating  therein 
the  purpose  for  which  it  is  to  assemble;  but  at  such  special 
session  no  business  shall  be  transacted  other  than  that  specially 
named  in  the  proclamation;  he  may  by  proclamation  convene 
the  Senate  in  extraordinary  session  for  the  transaction  of  ex- 
ecutive business. 

Sec.  11.  The  Governor,  in  case  of  a  disagreement  between 
the  two  houses  as  to  the  time  of  adjournment,  may,  upon  the 
same  being  certified  to  him  by  the  house  last  moving  adjourn- 
ment, adjourn  the  General  Assembly  to  a  day  not  later  than 
the  first  day  of , the  next  regular  session. 

Sec.  12.     Carried  into  section  seven. 

Sec.  13.  Every  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he 
approve  he  shall  sign  it,  and  thereupon  it  shall  become  a  law; 
but  if  he  do  not  approve,  he  shall  return  it  with  his  objections 
to  the  house  in  which  it  originated,  which  house  shall  enter  the 
objections  at  large  upon  its  Journal  and  proceed  to  reconsider 
the  bill;  if  then  two-thirds  of  the  members  elected  agree  to  pass 
the  same,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law, 
notwithstanding  the  objections  of  the  Governor.  In  all  such 
cases  the  vote  of  each  house  shall  be  determined  by  ayes  and 
noes,  to  be  entered  upon  the  Journal.  If  any  bill  shall  not  be 
returned  by  the  Governor  within  ten  days  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  General  Assembly  shall,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall  be 
filed  with  his  objections  in  the  office  of  the  Secretary  of  State 
within  thirty  days  after  such  adjournment  or  else  become  a  law. 

Sec.  14.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  'items,  and  the  part  or  parts  of  the  bill  ap- 


CON8TIT1    riONAL  CONVENTION. 

proxed  s!i;ill  lir  l;i\v  ;iinl  the  item  or  items  disapproved  sh;ill  be 
void,  unless  enacted  in  manner  following:  If  the  General  A* 
semblv  be  in  session,  he  shall  transmit  to  the  house  in  which 
the  bill  originated  a  copy  of  the  item  or  items  thereof  disap- 
proved, together  with  his  objections  thereto,  ami  the  items  ob- 
jected to  shall  be  separately  reconsidered  and  each  item  shall 
then  take  the  same  course  as  is  prescribed  for  the  passage  of  bills 
o\er  I  he  Executive  Veto. 

LIKITKNANT  GOVERNOK. 

Sec.  ir>.  In  case  of  the  death,  impeachment  or  conviction 
of  felony  01  infamous  misdemeanor,  failure  to  qualify,  resigna- 
tion, absence  from  the  State  or  other  disability  of  the  Governor, 
the  powers,  duties  and  emoluments  of  the  office  for  the  residue 
of  the  term  or  until  the  disability  be  removed,  shall  devolve  upon 
the  Lieutenant  Governor. 

Sec.  Hi.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate  and  shall  vote  only  when  the  Senate  is  equally  di- 
vided. In  case  of  the  absence,  impeachment  or  disqualification 
from  any  cause  of  the  Lieutenant  Governor  or  when  he  shall 
hold  the  office  of  Governor,  then  the  President  pro  tempore  of 
the  Senate  shall  perform  the  duties  of  the  Lieutenant  Governor 
until  the  vacancy  is  filled  or  the  disability  removed. 

Sec.  17.  In  case  ot  failure  to  qualify  in  his  office,  death, 
resignation,  absence  from  the  State,  impeachment,  conviction 
of  felony  or  infamous  misdemeanor  or  disqualification  from  any 
cause  of  both  the  Governor  and  Lieutenant  Governor,  the  duties 
of  the  Governor  shall  devolve  on  the  President  of  the  Senate 
pro  tempore  until  such  disqualification  of  either  the  Governor 
or  Lieutenant  Governor  be  removed,  or  the  vacancy  be  filled, 
and  if  the  President  of  the  Senate,  for  any  of  the  above  named 
rauses.  shall  become  incapable  of  performing  the  duties,  the  same 
shall  devolve  upon  the  Speaker  of  the  House. 

Svc.  18.  An  account  shall  be  kept  by  the  officers  of  the 
Executive  Department  and  of  all  public  institutions  of  the 
State  of  all  moneys  received  by  them,  severally,  from  all 
sources  and  for  every  service  performed,  and  of  all  moneys  dis- 
bursed by  them,  severally,  and  a  semi-annual  report  thereof 
shall  be  made  to  the  Governor  under  oath. 

Sec.  1!).  The  officers  of  the  Executive  Department  and  of 
all  public  institutions  of  the  State  shall,  at  least  twenty  days 
prec<ding  each  regular  session  of  the  General  Assembly,  make 
full  and  complete  report  of  their  actions  to  the  Governor,  who 
shall  transmit  the  same  to  the  General  Assembly. 

Sec.  2I).  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  shall  be  called  the  "Great 
Seal  of  the  State  of'  Colorado."  The  seal  of  the  Territory  of 
Colorado  as  now  used  shall  be  the  seal  of  the  State  until  other- 
wise provided  by  law. 


532  PROCEEDINGS    OP    THE 

Sec.  21.  The  officers  named  in  section  one  of  this  article 
shall  receive  for  their  services  a  salary  to  be  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official 
terms.  It  shall  be  the  duty  of  all  such  officers  to  collect  in  ad- 
vance all  fees  prescribed  by  law  for  services  rendered  by  them 
severally,  and  pay  the  same  into  the  State  Treasury. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall 
be  ex-officio  State  Librarian. 

Sec.  23.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  be  eligible  for  re-election  as  his  own  immediate  successor. 

.On  motion  of  Mr.  Wells,  the  article  on  Executive  Depart- 
ment, as  approved  by  the  Convention,  was  recommitted  to  the 
Committee  on  Revisions  and  Adjustments  for  adjustment  in  the 
Constitution;  and  the  Secretary  was  instructed  to  furnish  the 
Committee  on  Engrossing  and  Enrolling  with  a  copy  for  en- 
rollment. 

On  motion  of  Mr.  Wells,  the  article  on  Officers  and  Oath  of 
Office  was  taken  from  the  table. 

The  action  of  the  committee  in  striking  out  section  1  and 
inserting  the  substitute  therefor  was  approved  by  the  Conven- 
tion. 

Section  2  as  revised  by  the  committee  was  approved  by 
the  Convention. 

Sections  3  and  4  remain  unchanged. 

Sections  5  and  6  as  revised  by  the  committee  were  approved 
by  the  Convention. 

Section  7  remains  unchanged. 

Mr.  Beck  moved  that  the  Convention  approve  section  8  as 
revised  by  the  committee.  And  the  question  being  upon  the 
motion  of  Mr.  Beck  to  approve  section  8,  and  being  put,  it  was 
decided  in  the  negative — ayes,  12;  noes,  16. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Boyles,  Beck,  Carr,  Ellsworth,  Ebert,  Felton,  Gar- 
cia, Lee,  Plumb,  Stone,  Wells,  Yount. 

Those  voting  in  the  negative  are: 

Messrs.  Barela,  Bromwell,  Clark,  Cooper,  Crosby,  Douglas, 
Hurd,  James,  Marsh,  Quillian,  Stover,  Thatcher,  Vigil,  Webster, 
Widderfield,  Mr.  President. 

So  the  Convention  refused  to  approve  section  8,  as  revised 
by  the  committee. 

On  motion  of  Mr.  Wells,  sections  8  and  9  were  recommitted 
to  the  Committee  on  Revisions  and  Adjustments. 

Sections  10  and  11,  as  revised  by  the  committee,  were  ap- 
proved by  the  Convention. 

Section  12  was  stricken  out  and  carried  on  schedule  as 
recommended  by  the  Committee. 


OONSTITI  TIONAL  m\\  i:\  rio.\. 

Sections  i.  L'.  ::,  I.  :..  <;.  7.  in  and  11  were  then  laid  ni.on  the 
lahle  Inr  t'uiiirc  coiisidcral  ion. 

Mr.  Tlutdirr  asked  for  lca\r  of  al»M-iir«-  for  Mi-,  lloii^h 
until  ncxi  Monday,  \\liidi  was  granted. 

Mr.  \\"clls  asked  thai  lit-  he  cxciist-d  fi-oni  fin-llicr  service 
on  llie  Coinniittee  on  Schedule,  which  was  irranted;  and  the 
President  appointed  Mr.  Felton  a  member  of  that  committee 
lo  till  the  vacancy. 

On  nmtinn  of  Mr.  Felton.  the  Convention  adjourned  uulil 
:>  o'clock  a.  in.,  tomorrow. 


534  PROCEEDINGS    OF    THE 


FRIDAY,  MARCH  3,  1870,  0  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  the  Rev.  Mr.  Miller. 
Roll  called. 

Absent — Messrs.  Boyles,  Hough,  Head,  Meyer,  Rockwell, 
Stone,  White  and  Wilcox. 

The  Journal  having  been  partially  read,  Mr.  Quillian 
moved  that  the  reading  of  so  much  of  the  Journal  as  embraced 
the  reports  of  the  Committee  on  Revisions  and  Adjustments 
and  the  articles  on  "State  Institutions  and  Buildings,"  "Bill  of 
Rights''  and  "Executive  Department"  be  dispensed  with,  which 
was  agreed  to. 

The  remainder  of  the  Journal  was  then  read  and  the  same 
approved. 

Mr.  Stone  appeared  and  took  his  seat. 

Mr.  Pease  offered  the  following  resolution  and  moved  it^ 
adoption: 

Resolved,  That  as  there  is  no  prohibition  of  the  teaching 
of  sectarianism  in  our  public  schools,  the  Committee  on  Edu- 
cation and  Educational  Institutions  be  instructed  to  prepare  a 
section  or  an  amendment  to  a  section,  declaring  especially  that 
"no  sectarian  doctrine  shall  be  taught  in  the  public  schools." 

And  the  question  being  upon  the  motion  of  Mr.  Pease  to 
adopt  the  resolution  as  above,  and  being  put,  it  was  decided  in 
the  affirmative — ayes,  21;  noes,  9. 

Mr.  Barela  was  excused  from  voting. 

The  ayes  and  noes  having  been  called  for,  those  voting  in 
the  affirmative  are: 

Messrs.    Bromwell,    Beck,    Carr,    Cushman,    Clark,    Crosby. 
Ellsworth,  Elder,  Ebert,  Felton,  Garcia,  Hurd,  James,  Kennedy, 
Lee,  Marsh,  Plumb,  Pease,  Stout,  Vigil,  Mr.  President. 
Those  voting  in  the  negative  are: 

Messrs.  Cooper,  Douglas,  Quillian,  Stover,  Thatcher,  Web- 
ster, Wells,  Wheeler,  Widderfield. 

So  the  Convention  adopted  the  resolution  offered  by  Mr. 
Pease. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  the  reports  of  that  committee  on  the 
articles  on  "Public  and  Private  Corporations,"  "Counties"  and 
"Rights  of  Suffrage  and  Elections,"  which,  on  his  own  motion, 
were  received,  ordered  printed  and  laid  upon  the  table  for  fu- 
ture consideration. 


CONS!  1  1  1  -i  IM.VM.  CONVENTION.  .',:;:> 


Denver.  March  ::. 
To   tin-    Honorable   President    and    <  'mist  it  ill  innal    <  'mix  <-nl  inn    of 
<  'olorado: 

(  Jrii!  lemen  —  Your  roniniittee  on  Revisions,  having  liad  un- 
der consideration  the  article  on  Counties,  the  article  on  Pub- 
lic and  Private  (  'orporat  ions  and  the  article  on  Sull'rage  and 
Elections.  beg  leave  to  report  the  same,  with  sundry  emendations, 
which  appear  l»y  the  several  articles  and  sections  which  an1  hereto 
at  t  ached. 

All    of   which    is   respectfully   submitted. 

E.  T.  WELLS. 

(  'liainnan. 
COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colo- 
rado as  they  now  exist  are  hereby  declared  to  be  the  counties 
of  the  State. 

Sec.  ±  The  (Jer.eral  Assembly  shall  have  no  power  to  re- 
move the  county  seat  of  any  county,  but  the  removal  of  county 
seats  shall  be  provided  for  by  General  Law,  and  no  county  seat 
shall  be  removed  unless  a  majority  of  the  qualified  electors  of 
the  county,  voting  on  the  proposition  at  a  general  election,  vote 
therefor;  and  no  such  proposition  shall  be  submitted  oftener 
than  once  in  four  years,  and  no  person  shall  vote  on  such  prop- 
osition who  shall  not  have  resided  in  the  county  six  months 
and  in  the  election  precinct  ninety  days  next  preceding  such 
election. 

Sec.  3.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county  from 
which  the  territory  is  proposed  to  be  stricken  off;  nor  unless  a 
majority  of  all  the  qualified  voters  of  said  county  voting  on  the 
question  shall  vote  therefor. 

Sec.  4.  In  all  cases  of  the  establishment  of  any  new  county, 
the  new  county  shall  be  held  to  pay  its  ratable  proportion  of  all 
then  existing  liabilities,  of  the  county  or  counties  from  which 
such  new  county  shall  be  formed. 

Sec.  o.  When  any  part  of  a  county  is  stricken  off  and  at- 
tached to  another  county,  the  part  stricken  off  shall  be  held 
to  pay  its  ratable  proportion  of  all  then  existing  liabilities  of 
the  county  from  which  it  is  taken. 

COUNTY  OFFICERS. 

Sec.  0.  In  each  county  there  shall  be  elected  for  the  term 
of  three  years  three  county  commissioners,  who  shall  hold  ses- 
sions for  the  transaction  of  county  business  as  provided  by  law. 
any  two  of  them  shall  constitute  a  quorum  for  the  transaction 
of  business.  One  of  said  commissioners  shall  be  elected  on  the 
first  Tuesday  in  October,  eighteen  hundred  and  seventy  six. 


53G  PROCEEDINGS    OF    THE 

and  every  year  thereafter  one  such  officer  shall  be  elected  in 
each  county  at  the  general  election  for  the  term  of  three  years; 
Provided,  That  when  the  population  of  any  county  shall  exceed 
ten  thousand,  the  board  of  county  commissioners  may  consist 
of  five  members,  who  shall  be  elected  as  provided  by  law,  any 
three  of  whom  shall  constitute  a  quorum  for  the  transaction  of 
business. 

Sec.  7.     The  compensation  of  all  county  and  precinct  offi 
<-ers  shall  be  as  provided  by  law. 

Sec.  8.  There  shall  be  elected  in  each  county,  on  the  first 
Tuesday  in  October,  in  the  year  eighteen  hundred  and  seventy- 
seven,  and  every  alternate  year  forever  thereafter,  one  county 
clerk,  who  shall  be  ex-officio  recorder  of  deeds  and  clerk  of 
the  board  of  county  commissioners;  one  sheriff;  one  coroner;  one 
treasurer,  who  shall  be  collector  of  taxes;  one  county  superin- 
tendent of  schools;  one  county  surveyor  and  one  county  assessor. 

Sec.  9.  In  case  of  a  vacancy  occurring  in  the  office  of 
county  commissioner,  the  Governor  shall  fill  the  same  by  ap- 
pointment; and  in  case  of  a  vacancy  in  any  other  county  office 
or  in  any  precinct  office,  the  board  of  county  commissioners 
shall  fill  the  same  by  appointment,  and  the  person  appointed 
shall  hold  the  office  until  the  next  general  election  and  until 
his  successor  shall  be  duly  elected  and  qualified.  If  the  next 
general  election  occur  before  the  expiration  of  the  term  in  which 
the  vacancy  shall  have  happened,  the  person  elected  thereat  shall 
hold  only  for  the  residue  of  such  term. 

Sec.  10.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  a  qualified  elector,  nor  unless  he  shall  have 
resided  in  the  county  one  year  preceding  his  election. 

Sec.  11.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen  and  immediately  thereafter,  be  elected  in 
each  precinct  one  justice  of  the  peace  and  one  constable,  who 
shall  each  hold  his  office  for  the  term  of  two  years;  Provided, 
That  in  precincts  containing  five  thousand  or  more  inhabitants 
the  number  of  justices  and  constables  may  be  increased  as  pro- 
vided by  law. 

Sec.  12.  The  General  Assembly  shall  provide  for  the  elec- 
tion or  appointment  of  such  other  county,  township,  precinct 
and  municipal  officers  as  public  convenience  may  require;  and 
their  terms  of  office  shall  be  as  prescribed  by  law,  not  in  any 
case  to  exceed  two  years. 

Sec.  13.  The  General  Assembly  shall  provide  by  general 
laws  for  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four;  and  the 
powers  of  each  class  shall  be  defined  by  general  laws,  so  that 
all  municipal  corporations  of  the  same  class  shall  possess  the 
same  powers  and  be  subject  to  the  same  restrictions. 

Sec.  14.  The  General  Assembly  shall  also  make  provision 
J)j  general  law  whereby  any  city,  town  or  village,  existing  by 


CONSI  ii  i  TIONAL   CONVENE  ION.  .~,:57 

\ii-ine  of  any  social  or  local  law.  may  Hr<-t  IM  become  subject 
!o  ;uid  bf  governed  by  the  general  law  relating  to  such  cor- 
pora I  inns. 

PUJLIC  AND  PRIVATK  CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  ..r 
exclusive  privileges,  under  which  the  corporations  or  grantees 
shall  not  have  orga  nixed  and  commenced  business  in  good  faith 
at  the  time  of  the  adoption  of  this  Constitution,  shall  hereafter 

have   no   validity. 

Sec.  i».  No  charter  of  incorporation  shall  be  granted,  ex- 
tended, changed  or  amended  bv  special  law.  except  for  such 
municipal,  charitable,  education,  penal  or  reformatory  cor 
porations  as  are  or  may  be  under  the  control  of  the  Stale; 
but  the  Oeneral  Assembly  shall  provide  by  general  laws  for 
the  organization  of  corporations  hereafter  to  be  created. 

Sec.  3.  The  General  Assembly  shall  have  the  power  to 
alter,  revoke  or  annul  any  charter  of  incorporation  now  exist- 
ing and  revocable  at  the  adoption  of  this  Constitution,  or  any 
that  may  hereafter  be  created  whenever,  in  their  opinion,  it 
may  be  injurious  to  the  citizens  of  the  State;  in  such  manner, 
however,  that  no  injustice  shall  be  done  to  the  corporators. 

Sec.  4.  All  railroads  shall  be  public  highways,  and  all 
railroad  companies  shall  be  common  carriers.  Any  association 
or  corporation  organized  for  the  purpose  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  designated 
points  within  this  State,  and  to  connect  at  the  State  line  with 
railroads  of  other  States  and  Territories.  Every  railroad  com- 
pany shall  have  the  right,  with  its  road,  to  intersect,  connect 
with  or  cross  any  other  railroad. 

Sec.  5.  No  corporation  or  the  lessees  or  managers  thereof 
shall  consolidate  its  stock,  property  or  franchises  with  any  other 
railroad  corporation  owning  or  having  under  its  control  a  par- 
allel or  competing  line. 

Sec.  6.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported 
over  any  railroad  in  this  State;  and  no  undue  or  unreasonable 
discrimination  shall  be  made  in  charges  or  in  facilities  for 
transportation  of  freight  or  passengers  within  the  State;  and 
no  railroad  company  nor  any  lessee,  manager  or  employe 
thereof  shall  give  any  preference  to  individuals,  associations 
or  corporations  in  furnishing  cars  or  motive  power. 

Sec.  7.  No  railroad  or  other  transportation  company  in 
existence  at  the  time  of  the  adoption  of  this  Constitution  shall 
have  the  benefit  of  any  future  Legislation,  without  first  filing 
in  the  office  of  the  Secretary  of  State  an  acceptance  of  the 
provisions  of  this  Constitution  in  binding  form. 

Sec.  8.  The  right  of  eminent  domain  shall  never  be 
abridged  nor  so  construed  as  to  prevent  the  General  Assembly 


538  PROCEEDINGS    OF    THE 

from  taking  the  property  and  franchises  of  incorporated  com- 
panies and  subjecting  them  to  public  use,  the  same  as  the  prop- 
erty of  individuals ;  and  the  police  power  of  the  State  shall  never 
be  abridged  or  so  construed  as  to  permit  corporations  to  con- 
duct their  business  in  such  manner  as  to  infringe  the  equal 
rights  of  individuals  or  the  general  well  being  of  the  State. 

Sec.  9.  No  corporation  shall  issue  stocks  or  bonds,  except 
for  labor  done,  service  performed  or  money  or  property  actually 
received,  and  all  fictitious  increase  of  stock  or  indebtedness  shall 
be  void.  The  stock  of  corporations  shall  not  be  increased  ex- 
cept in  pursuance  of  general  law,  nor  without  the  consent  of 
the  persons  holding  the  majority  of  the  stock,  first  obtained  at 
a  meeting  held  after  at  least  thirty  days'  notice  given  in  pur- 
suance of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in 
ihis  State  without  having  one  or  more  known  places  of  busi 
ness,  and  an  authorized  agent  or  agents  in  the  same,  upon  whom 
process  may  be  served. 

Sec.  11.  No  street  railroad  shall  be  constructed  within  any 
city,  town  or  incorporated  village,  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway 
proposed  to  be  occupied  by  such  street  railroad. 

Sec.  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation,  or  any  individual  or 
association  of  individuals,  retrospective  in  its  operation,  or 
which  imposes  on  the  people  of  any  county  or  municipal  sub- 
division of  the  State,  a  new  liability  in  respect  to  transactions 
or  considerations  already  past. 

Sec.  13.  Dues  from  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law,  but  in  no  case  shall  any 
stockholder  be  individually  liable  in  any  amount  over  or  above 
the  amount  of  unpaid  stock  owned  by  him  or  her. 

Sec.  14.  Any  association  or  corporation  or  the  lessees  or 
managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  tele- 
graph within  this  State,  and  to  connect  the  same  with  other 
lines,  and  the  General  Assembly  shall,  by  general  law  of  uni- 
form operation,  provide  reasonable  regulations  to  give  full  ef- 
fect to  this  section.  No  telegraph  company  shall  consolidate 
with  or  hold  a  controlling  interest  in  the  stock  or  bonds  of  any 
other  telegraph  company  owning  or  having  the  control  of  a 
competing  line,  or  acquire,  by  purchase  or  otherwise,  any  other 
competing  line  of  telegraph. 

Sec.  15.  If  any  railroad,  telegraph,  express  or  other  cor- 
poration organized  under  any  of  the  laws  of  this  State*  shall 
consolidate,  by  sale  or  otherwise,  with  any  railroad,  telegraph, 
express  or  other  corporation,  organized  under  any  laws  of  any 
other  State  or  territory  of  the  United  States,  the  same  shall  not 
thereby  become  a  foreign  corporation,  but  the  courts  of  this 


589 

Sinn-  shall  retain  jurisdiction  over  ilia!  part  of  the  corporate 
property  within  the  limits  of  the  State  in  all  matters  which 
may  aris<.  as  if  said  consolidation  had  not  taken  place. 


Section  1.  Kvery  male  person  over  the  age  of  1  went  v-one 
years,  possessing  tin-  following  qualifications,  shall  he  enlitJe<l 
to  vote  at  all  elections: 

First.  He  shall  he  a  citi/en  of  the  United  Slates,  or.  not 
In-ill^-  a  riti/en  of  tlie  United  States,  he  shall  have  declared  his 
intention,  according  lo  law,  to  become  such  citizen  not  less  than 
four  months  before  he  offers  to  vote. 

Second.  He  shall  have  resided  in  the  State  six  months  im- 
mediately preceding  the  election  at  which  he  offers  to  vote,  and 
in  the  county,  city,  town,  ward  or  precinct,  such  time  as  may 
he  prescribed  by  law;  Provided,  That  no  person  shall  be  denied 
the  right  to  vote  at  any  school  district  election,  nor  to  hold  any 
school  district  office  on  account  of  sex. 

Sec.  '2.  The  General  Assembly  shall,  at  the  first  session 
thereof,  and  may  at  any  session  thereafter,  extend  by  law  the 
right  of  suffrage  to  persons  not  herein  enumerated,  but  no  such 
law  shall  take  effect  or  be  in  force  until  the  same  shall  have 
been  submitted  to  a  vote  of  the  people  at  a  general  election,  and 
approved  by  a  majority  of  all  the  votes  cast  for  and  against 
such  law. 

Sec.  3.  The  General  Assembly  may  prescribe,  by  law,  an 
education  qualification  for  electors,  but  no  such  law  shall  take 
effect  prior  to  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety  (1890)  and  no  qualified  elector  shall  be  thereby 
disqualified. 

Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  office, 
no  person  shall  be  deemed  to  have  gained  a  residence  by  reason 
of  his  presence,  or  lost  it  by  reason  of  his  absence,  while  in  the 
civil  or  military  service  of  the  State,  or  of  the  United  Sates,  nor 
while  a  student  at  any  institution  of  learning,  nor  while  kept 
at  public  expense  in  any  poor  house  or  other  asylum,  nor  while 
confined  in  public  prison. 

Sec.  r>.  Voters  shall  in  all  cases  except  treason,  felony  or 
In-each  of  the  peace,  be  privileged*  from  arrest  during  their  at- 
tendance at  elections  and  in  going  to  and  returning  therefrom. 

Sec.  6.  No  person  except  a  qualified  elector  shall  be  ap- 
pointed or  elected  to  any  civil  or  military  office  in  the  State. 

Sec.  7.  The  general  election  shall  be  held  on  the  first  Tues- 
day of  October,  in  the  years  of  our  Lord  eighteen  hundred  and 
seventy  six,  eighteen  hundred  and  seventy  seven  and  eighteen 
hundred  and  seventy  eight,  and  annually  thereafter  on  such  day 
as  may  be  prescribed  by  law. 

Sec.  s.  All  elections  by  the  people  shall  be  by  ballot,  every 
ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall 


540  PROCEEDINGS    OF    THE 

be^received,  and  the  number  be  recorded  by  the  election  officers 
on  the  list  of  voters  opposite  the  name  of  the  voter  who  pre- 
sents the  ballot.  The  election  officers  shall  be  sworn  or  af-- 
firmed  not  to  inquire  or  disclose  how  any  elector  shall  have 
voted.  In  all  cases  of  contested  elections  the  ballots  cast  may 
be  counted,  compared  with  the  list  of  voters  and  examined 
under  such  safeguards  and  regulations  as  may  be  prescribed  by 
law. 

Sec.  9.  In  trials  of  contested  elections,  and  for  offenses 
under  the  election  laws,  no  person  shall  be  permitted  to  with- 
hold his  testimony  on  the  ground  that  it  may  criminate  himself 
or  subject  him  to  public  infamy,  but  such  testimony  shall  not 
be  used  against  him  in  any  judicial  proceeding,  except  for  per- 
jury in  giving  such  testimony. 

Sec.  10.  No  person  while  confined  in  any  public  prison 
shall  be  entitled  to  vote.  But  every  such  person  wTho  was  a 
qualified  elector  prior  to  such  imprisonment,  and  who  is  re- 
leased therefrom  by  virtue  of  a  pardon  or  by  virtue  of  having 
served  out  his  full  term  of  imprisonment,  shall,  without  further 
action,  be  invested  writh  all  the  rights  of  citizenship,  except  as 
otherwise  provided  in  this  Constitution. 

Sec.  11.  The  General  Assembly  shall  pass  laws  to  secure 
the  purity  of  elections  and  guard  against  abuses  of  the  elective 
franchise. 

Sec.  12.  -The  General  Assembly  shall,  by  general  law,  desig- 
nate the  courts  and  judges  by  whom  the  several  classes  of 
election  contests,  not  herein  provided  for,  shall  be  tried  and 
regulate  the  manner  of  trial  and  all  matters  incident  thereto,  but 
no  such  law  shall  apply  to  any  contest  arising  out  of  an  elec- 
tion held  before  its  passage. 

Mr.  Elder,  of  the  Committee  on  Miscellaneous  Subjects,  pre- 
sented a  report  of  that  Committee  on  "Distribution  of  Powers," 
as  follows,  which,  on  motion  of  Mr.  Wells,  was  adopted  by  the 
Convention: 

To  the  Honorable  President  of  the  Constitutional  Convention  of 
Colorado: 

Your  Standing  Committee  on  Miscellaneous  Subjects  beg 
leave  to  present  the  accompanying  article  on  Distribution  of 
Powers  as  a  supplemental  report. 

Respectfully  submitted, 

WM.  E.  BECK, 

C.  P.  ELDER, 

WM.  LEE, 

JESUS   MA    GARCIA. 

The  powers  of  the  government  of  this  State  are  divided  into 
three  district  departments — the  Legislative,  Executive  and  Ju- 
dicial— and  no  person  or  collection  of  persons,  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of  those  depart- 


CONS  i  i  n  TIONAL   CONVENTION. 

incuts  shall  exercise  an.\  |»M\V«T  properly  belonging  to  either 
oi  i  he  others,  except  as  in  ihis  <  '011*1  itut  ion  expressly  directed 
or  permitted. 

On  motion  of  Mr.  Elder,  the  article  on  Distribution  of 
Powers,  as  adopted  by  the  Convention,  was  referred  to  the  <'nm- 
mittee  on  Revisions  and  Adjustments. 

.Mi.  Cooper,  Chairman  of  the  Committee  on  Engrossing  ana 
Enrolling,  reported  back  to  the  Convention  the  articles  011  "Irri- 
gation  and  Agriculture  and  Manufactures,'-  and  "Mines  and 
Mining/'  as- adopted  by  the  Convention. 

There  being  no  objection,  the  reports  were  received  and 
filed  by  the  Secretary. 

Mr.  Beck,  of  the  Committee  on  Miscellaneous  Subjects,  pre- 
sented a  supplementary  report  of  that  committee,  as  follows, 
which  on  his  own  motion  was  received,  ordered  printed  and  laid 
upon  the  table  for  future  consideration. 

To  the  Honorable  President  of  the  Constitutional  Convention 
of  Colorado: 

Your  Standing  Committee  on  Miscellaneous  Subjects  beg 
leave  to  present  the  following  supplemental  report  and  to 
recommend  the  adoption  of  the  several  provisions  therein  con- 
tained. 

Respectfully  submitted, 

WM.  E.  BECK, 
C.  P.  ELDER, 
JESUS  MA  GARCIA. 
WM.  LEE. 

MISCELLANEOUS. 

Section  1.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers,  the  General 
Assembly  shall  by  law  classify  the  several  counties  of  the 
State  according  to  population,  and  grade  and  fix  the  compensa- 
tion of  officers  within  the  respective  classes  according  to  the 
population  thereof.  Said  law  shall  establish  scales  of  fees  to 
be  charged  and  collected  by  such  of  the  county  and  precinct 
officers  as  may  be  designated  therein  for  services  to  be  per- 
formed by  them  respectively,  and  where  salaries  are  provided 
the  same  shall  be  payable  only  out  of  the  fees  actually  col- 
lected in  all  cases  where  fees  are  prescribed.  All  fees,  perqui- 
sites and  emoluments  above  the  amount  of  such  salaries,  shall 
be  paid  in  to  the  County  Treasury. 

Sec.  2.  No  law  shall  be  passed  which  will  operate  to  ex- 
tend the  term  of  any  public  officer  after  his  election  or  appoint- 
ment. 

Sec.  3.  The  General  Assembly  shall  pass  liberal  homestead 
and  exemption  laws. 


542  PROCEEDINGS    OF    THE 

Sec.  4.  The  General  Assembly  shall  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  any  purpose,  and  shall 
pass  laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets 
in  this  State. 

Sec.  5.  The  General  Assembly  may,  by  general  law,  provide 
for  the  establishment  of  courts  of  arbitration  and  conciliation  in 
the  several  counties  of  this  State,  which  courts  shall  have  juris- 
diction of  all  causes  at  law  or  in  equity,  and  of  all  matters  01 
difference  which  may  be  submitted  to  them  by  the  parties  intei 
ested  therein,  and  such  courts  shall  be  empowered  to  issue  all 
process  necessary  and  proper  to  carry  into  effect -their  judg- 
ments and  awards. 

Mr.  Quillian,  Chairman  of  the  Committee  on  Schedule,  pre- 
sented a  report  of  that  committee,  as  follows: 

Denver,  Colorado,  March  3,  1870. 

To  the  Honorable  President  and  Members  of  the  Constitutional 
Convention : 

Gentlemen — Your  Committee  on  "Schedule,"  to  whom  was 
referred  the  subject  matter  pertaining  to  that  portion  of  the 
Constitution,  beg  leave  to  state  that  they  have  had  the  same 
under  consideration  and  submit  the  following  report,  all  of  which 
is  respectfully  submitted. 

ROBERT  A.  QUILLIAN, 

Chairman  of  Committee. 

SCHEDULE. 

That  no  inconvenience  may  arise  by  reason  of  the  change 
from  a  Territorial  form  of  government  to  that  of  a  permanent 
State  government,  it  is  hereby  ordained  and  declared : 

Section  1.  That-  all  laws  in  force  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  shall  remain  in  full 
force  until  they  expire  by  their  own  limitation,  or  are  altered 
or  repealed  by  the  General  Assembly,  and  all  rights,  actions, 
prosecutions,  claims  and  contracts  of  the  Territory  of  Colorado, 
counties,  individuals,  or  bodies  corporate  (not  inconsistent  there- 
with), shall  continue  as  if  the  form  of  government  had  not  been 
changed  and  this  Constitution  adopted. 

Sec.  2.  That  all  recognizances,  obligations  and  all  other  in- 
struments entered  into  or  executed  before  the  admission  of  the 
State,  to  the  Territory  of  Colorado,  or  to  any  subdivision  thereof, 
or  any  municipality  therein,  and  all  fines,  taxes,  penalties  and 
forfeitures  due  or  owing  to  the  Territory  of  Colorado,  or  any 
such  subdivisions  or  municipality,  and  all  writs,  prosecutions, 
actions  and  causes  of  action,  except  as  herein  otherwise  pro- 
vided, shall  continue  and  remain  unaffected  by  the  change  of 
the  form  of  government.  All  indictments  which  shall  have  been 
found,  or  may  hereafter  be  found,  and  all  informations  wThich 
shall  have  been  filed  or  mav  hereafter  be  filed  for  anv  crime  or 


CONS-UN  TIONAL  coNvr.vrniN.  543 

olVense    committed    hefure    tills    Constitution    takes    ell'ecl,    IMJIV    be 
proceeded    llpnli   MS   if   IlO   change   had    taken    place,   except    Jig   Othei'- 

\\isr  pm\  ided   in  tliis  Constitution. 

Sec.  :!.  I'liMi  Mil  property,  real  Mini  personal.  MIX!  all  mon- 
eys, credits.  clMinis  MIM!  cases  in  action,  belonging  to  the  Terri- 
ton  of  <'<.|orado  Mt  the'adoption  of  this  <  'oust  it  lit  ion,  shall' be 
vested  in  and  heroine  the  property  of  the  State  of  Colorado. 

Ser.  4.  The  <'ieiieral  Assembly  shall  pass  all  laws  neces- 
sary to  -  MI  i-y  into  effect  the  provisions  of  this  Constitution. 

Sec.  ."..  The  Supreme  and  District  Courts  existing  in  the 
Territory  at  tho  time  of  the  adoption  of  this  Constitution,  shall, 
until  superseded  under  its  provisions,  continue  with  like  powers 
and  jurisdiction  and  in  the  exercise  thereof  both  at  law  and  in 
equity,  in  all  respects.  MS  if  this  Constitution  had  not  been 
adopted;  and  when  said  courts  shall  be  so  superseded,  all  causes 
then  pending  in  said  courts,  and  the  books,  papers,  records  and 
proceedings  thereof,  shall  pass  into  the  jurisdiction  of  the  Su- 
preme and  District  Courts  created  by  this  Constitution. 

Sec.  «i.  The  terms  of  office  of  the  several  judges  of  the  Su- 
preme and  District  Courts,  and  the  district  attorneys  of  the  sev- 
eral judicial  districts  first  elected  under  this  Constitution,  shall 
commence  from  the  day  of  filing  their  respective  oaths  of  office 
in  the  office  of  the  Secretary  of  State. 

Sec.  7.  Until  otherwise  provided  by  law,  the  seals  now  in 
use  in  the  Supreme  and  District  Courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  Supreme  and  District 
Courts,  respectively,  of  the  State. 

Sec.  8.  The  books,  records,  papers  and  proceedings  of  the 
several  probate  courts,  and  all  cases  and  matters  of  administra- 
tion pending  therein,  shall  be  transferred  to  and  remain  in  the 
custody  of  the  County  Courts,  and  proceed  to  final  decree  or 
judgment,  order  or  other  determination.  And  until  the  election 
of  the  county  judges  provided  for  in  this  Constitution  the  pro- 
bate judges  shall  act  as  judges  of  the  County  Courts,  and  the 
seal  of  the  probate  courts  shall  be  the  seal  of  the  County  Courts 
until  the  County  Courts  shall  have  procured  proper  seals. 

Sec.  0.  It  is  hereby  declared  that  wherever  the  words  pro- 
bate court  or  probate  judge  occur  in  the  statutes  of  Colorado, 
they  shall  be  construed  to  mean  County  Court  or  county  judge, 
and  all  laws  specially  applicable  to  the  probate  court  shall  be 
construed  to  apply  to  and  be  in  force  as  to  the  County  Court 
until  repealed. 

Sec.  10.  All  county  and  precinct  officers  who  may  be  in 
office  at  the  time  of 'the  adoption  of  this  Constitution,  shall  hold 
their  respective  offices  for  the  full  time  for  which  they  may  have 
been  elected,  and  until  such  time  as  their  successors  may  be 
elected  and  qualified  in  accordance  with  the  provisions  of  this 
Constitution,  and  the  official  bonds  of  all  such  officers  shall  con- 


54-i  PROCEEDINGS    OF    THE 

tinue  in  full  force  and  effect  as  though  this  Constitution  had  not 
been  adopted. 

Sec.  11.  All  county  offices  that  may  become  vacant  during 
the  year  A.  D.  1876  by  the  expiration  of  the  term  of  the  persons 
elected  to  said  offices  shall  be  filled -at  the  general  election  on 
the  first  Tuesday  in  October,  A.  D.  1876,  and  the  persons  so 
elected  shall  hold  their  respective  offices  for  the  term  of  one 
year. 

On  motion  of  Mr.  Wells,  the  reading  of  the  report  was  dis- 
pensed with. 

On  motion  of  Mr.  James,  the  report  was  received,  ordered 
printed,  and  laid  upon  the  table  for  future  consideration. 

Mr.  Webster,  of  the  Committee  on  Printing,  reported  back 
to  the  Convention  the  report  of  the  Special  Committee  on  prep- 
aration of  "Election  Ordinance,"  the  articles  on  "State,  County 
and  Municipal  Indebtedness,"  "Congressional  and  Legislative 
Apportionment,"  "Preamble,"  as  reported  by  the  Committee  on 
Revisions  and  Adjustments,  as  correctly  printed.  Also,  articles 
on  "Education  and  Educational  Institutions,"  "Legislature  and 
Legislation,"  "Impeachment  and  Removal  from  Office,"  and  the 
article  on  drugged  liquors. 

There  being  no  objection,  the  reports  were  received  and  filed 
by  the  Secretary. 

Mr.  Ellsworth  moved  that  the  vote  by  which  section  5  of 
the  article  on  Revenue  and  Finance  was  adopted  be  reconsidered, 
which  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Ellsworth 
to  reconsider. 

Mr.  Stone  moved  to  amend  the  section  by  striking  out  all 
after  the  figure  5,  and  inserting  the  following  as  a  substitute 
therefor : 

The  following  classes  and  description  of  property  shall  be 
exempt  from  taxation  by  general  law,  to  wit:  First,  the  property, 
real  and  personal,  of  the  State,  and  of  the  several  counties,  cities, 
towns  and  other  municipal  corporations,  and  public  libraries; 
second,  buildings  used  exclusively  for  religious  worship,  for 
schools,  and  for  strictly  charitable  purposes,  including  the 
ground  necessary  for  such  use;  cemeteries,  when  laid  out  in 
burial  lots,  and  dedicated  for  burial  purposes  by  public  record 
forever,  so  long  as  used  for  such  purposes,  and  not  for  private 
or  corporate  profit. 

On  motion  of  Mr.  Wells,  the  further  consideration  of  sec- 
tion 5,  and  amendments  thereto  of  the  article  on  Education,  was 
postponed,  and  the  article  on  "Preamble,"  as  reported  by  the 
Committee  on  Revisions  and  Adjustments,  taken  from -the  table. 

On  motion  of  Mr.  Stone,  the  article  on  "Preamble/1  as  re- 
vised by  the  committee,  was  approved  by  the  Convention. 

So  the  Convention  approved  the  article  on  Preamble  in  the 
words  following: 


CONSTITUTIONAL   CONVENTION.  545 

PREAMBLE. 

\Ye.  the  people  of  Colorado,  with  profound  reverence  for 
tin-  Supreme  Ruler  of  the  universe,  in  order  to  form  a  more  in- 
dependent and  perfect  government,  establish  justice,  insure  tran- 
quillity, provide  for  the  common  defense,  promote  the  general 
welfare  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  declare  and  establish  this  Constitution  for  "the 
State  of  Colorado." 

Mr.  Wells  moved  that  the  votes  by  which  the  articles  on 
"Preamble,"  "Boundaries,"  "Bill  of  Rights"  and  "Distribution 
of  Powers"  were  adopted  be  reconsidered,  and  then  moved  that 
the  motion  to  reconsider  the  same  be  laid  upon  the  table,  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Wells  to 
lay  the  motion  to  reconsider  upon  the  table. 

Mr.  Wells  offered  the  following  resolution,  which  on  his  own 
motion  was  adopted: 

Resolved,  That  the  following  portions  and  articles  of  the 
Constitution  be  arranged  and  enrolled  in  the  following  order: 
Preamble.  I.  The  article  defining  the  boundaries  of  the  State. 
II.  The  Bill  of  Rights.  III.  The  article  touching  the  distribu- 
tion of  powers. 

On  motion  of  Mr.  Felton,  the  article  on  "Preamble"  was 
recommitted  to  the  Committee  on  Revisions  and  Adjustments 
for  adjustment  in  the  Constitution,  and  the  Secretary  was  in- 
structed to  furnish  the  Committee  on  Engrossing  and  Enrolling 
with  a  copy  for  enrollment. 

On  motion  of  Mr.  Felton,  the  Convention  resumed  the  con- 
sideration of  section  5  of  the  article  on  Revenue  and  Finance, 
and  the  amendment  offered  thereto  by  Mr.  Stone  of  the  article 
on  Education  and  Educational  Institutions. 

.Mr.  Bronrwell  moved  to  amend  the  amendment  offered  by 
Mr.  Stone  by  striking  out  the  third  clause,  and  inserting  in  lieu 
thereof  the  words:  The  General  Assembly  may  make  such  ex- 
emption as  to  burial  grounds  as  may  be  deemed  proper. 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Bromwell  to  the  amendment  offered  by  Mr.  Stone,  and,  being 
put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell  to  the  amendment  offered  by  Mr.  Stone. 

Mr.  Hurd  asked  for  leave  of  absence  during  the  remainder 
of  the  day,  which  was  granted. 

Mr.  Stone  moved  to  amend  the  substitute  offered  by  him  by 
inserting  after  the  word  "use"  the  words,  "and  as  may  be  pre- 
scribed by  law." 

18 


546  PROCEEDINGS    OF    THE 

And  the  question  being  upon  the  motion  of  Mr.  Stone  to 
amend  the  substitute  offered  by  him,  and,  being  put  and  a  divi- 
sion called,  it  was  decided  in  the  affirmative.  Ayes,  16;  noes,  8. 

Mr.  Stone  then  moved  the  previous  question,  and  the  ques- 
tion being,  "Shall  the  main  question  be  now  put?"  and  being  put, 
it  was  ordered.  Ayes,  17;  noes,  14. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Barela,  Boyles,  Bromwell,  Cushman,  Clark,  Cooper, 
Douglas,  Garcia,  Kennedy,  Marsh,  Stone,  Stover,  Thatcher, 
Vigil,  Webster,  Wheeler,  Widderfield. 

Those  voting  in  the  negative  are: 

Messrs.  Beck,  Carr,  Crosby,  Ellsworth,  Elder,  Ebert,  Fel- 
ton,  James,  Plumb,  Pease,  Quillian,  Wells,  Yount,  Mr.  President. 

On  motion  of  Mr.  Carr,  a  call  of  the  Convention  was  or- 
dered. The  Secretary  proceeded  to  call  the  roll,  when  Mr.  Boyles 
moved  that  further  proceedings  under  the  call  be  dispensed 
with.  And  the  question  being  upon  the  motion  of  Mr.  Boyles, 
and  being  put,  it  was  decided  in  the  affirmative.  Ayes,  23; 
noes,  8. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Barela,  Boyles,  Bromwell,  Beck,  Cushman,  Clark, 
Cooper,  Crosby,  Douglas,  Felton,  Garcia,  Kennedy,  Marsh,  Quil- 
lian, Stone,  Stover,  Thatcher,  Webster,  Wells,  Wheeler,  Wid- 
derfield, Yount,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Carr,  Ellsworth,  Elder,  Ebert,  James,  Plumb,  Pease, 
Vigil. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Boyles 
to  dispense  with  further  proceedings  under  the  call. 

Mr.  Carr  moved  to  adjourn,  and  the  question  being  upon  the 
motion  of  Mr.  Carr  to  adjourn,  and  being  put,  it  was  decided 
in  the  negative.  Ayes,  11 ;  noes,  21. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are: 

Messrs.  Carr,  Ellsworth,  Elder,  Ebert.  Felton,  James,  Ken- 
nedy, Plumb,  Pease,  Vigil. 

Those  voting  in  the  negative  are: 

Messrs.  Barela,  Boyles,  Bromwell,  Beck,  Cushman,  Clark, 
Cooper,  Crosby.  Douglas,  Garcia,  Marsh,  Quillian,  Stover,  Stone, 
Thatcher,  Webster,  Wells,  Wheeler,  Widderfield,  Yount,  Mr. 
President. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Carr  to  adjourn. 

The  question  then  recurring  on  the  motion  of  Mr.  Stone  to 
strike  out  section  5  and  insert  in  lieu  thereof  the  substitute  of- 


CONSTITI  TIM.VM.   CONVENTION.  .",.17 

Iried  by  him,  ;is  amended  by  .Mr.  BrnmwHI.  and  being  put,  it  was 
decided  in  the  aflirmative.  Ay«-s.  17:  noes.  I-".. 

The  ayes  and  nnes  being  called  for.  those  voting  in  the 
aHirmalivr  arc: 

Messrs.  Barela.  Boyles,  Cooper.  Crosby,  Douglas,  Ellsworth, 
C.an-ia.  Kennedy.  Marsh.  Onillian.  Stone.  Stmer.  Thatcher,  Vi- 
gil. Wheeler,  Widdrrtield.  Mr.  President. 

Those  voting  in   the  negatiye  are. 

Messrs.  Bromwell,  Beck,  Tan.  Cnshman,  Clark,  Elder,  Ebert, 
Felt  on,  -lames.  Plumb,  Pease,  Wells,  Yount. 

So  the  Convention  conrnrred  in  the  motion  of  Mr.  Stone  to 
strike  out  sertion  .">  and  insert  in  lien  the  substitute  then-tor 
offered  by  him  and  amenoVd  by  Mr.  Bromwell. 

Mr.  Stone  moved  that  the  vote  by  which  his  substitute  for 
section  5  was  adopted  be  reconsidered,  and  then  moved  to  lay 
the  motion  to  reconsider  upon  the  table.  And  the  question  be- 
ing upon  the  motion  of  Mr.  Stone  to  lay  the  motion  to  recon- 
sider upon  the  table,  and  being  put.  it  was  decided  in  the  nega- 
tive. Ayes,  11;  noes,  19. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are : 

Messrs.  IJarcla.  Boyles.  Crosby,  Douglas,  Garcia,  Marsh. 
Quillian,  Stone.  Stover,  Vigil,  Widderfield. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman.  Clark,  Cooper,  Ells- 
worth, Elder,  Ebert,  Felton,  James,  Kennedy,  Plumb,  Pease. 
Thatcher,  Wells,  Wheeler,  Yount,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Stoiie  to  lay  the  motion  to  reconsider  upon  the  table. 

On  motion  of  Mr.  Beck,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Crosby,  Hurd,  Hough,  Head,  Kennedy, 
Meyer,  Rockwell  and  Wilcox. 

The  Convention  resumed  the  consideration  of  section  5  of 
the  article  on  Revenue  and  Finance. 

And  the  question  being  upon  the  motion  of  Mr.  Stone  to 
reconsider  the  vote  by  which  section  5  was  adopted,  and  being 
put,  it  was  decided  in  the  affirmative.  Ayes.  17:  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Bromwell.  Berk.  Carr.  Cushnian.  Clark.  Ellsworth, 
Ebert,  Felton.  .lames.  Marsh.  Plumb,  Pease.  Wells.  Wheeler, 
Widdertield.  Vomit,  Mr.  President. 


548  PROCEEDINGS    OF    THE 

Those  voting  in  the  negative  are: 

Messrs.  JBarela,  Boyles,  Cooper,  Douglas,  Garcia,  Lee,  Quil- 
lian,  Stone,  Stover,  Thatcher,  Vigil,  Webster. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Stone  to 
reconsider. 

Mr.  Beck  moved  to  amend  section  5  by  striking  out  all  after 
the  figure  "5,"  and  inserting  in  lieu  the  following  substitute : 
Lots,  with  the  buildings  thereon,  if  said  buildings  are  used 
exclusively  and  solely  for  religious  worship,  for  schools,  or  for 
strictly  charitable  purposes,  also  cemeteries  not  used  or  held  for 
private  or  corporate  profit,  may  be  exempt  from  taxation;  Pro- 
vided, Such  exemption  shall  be  only  by  general  law. 

And  the  question  being  upon  the  motion  of  Mr.  Beck  to 
strike  out  section  5,  and  insert  the  substitute  as  above,  and 
being  put,  it  was  decided  in  the  affirmative.  Ayes,  19;  noes,  11. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Barela,  Beck,  Carr,  Cushman,  Clark,  Ellsworth,  El- 
der, Ebert,  Felton,  James,  Lee,  Marsh,  Plumb,  Pease,  Stone, 
Webster,  Wheeler,  Yount,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Boyles,  Bromwell,  Cooper,  Douglas,  Garcia,  Quil- 
lian,  Stover,  Thatcher,  Vigil,  Wells,  Widderfield. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Beck  to 
strike  out  section  5,  and  insert  the  substitute  offered  by  him. 

Mr.  Cooper  moved  to  amend  section  5  by  striking  out  the 
word  "may,"  in  the  third  line,  and  inserting  in  lieu  the  word 
"shall."  Also,  by  striking  out  the  words  "provided  such  exemp- 
tion shall  be  only,"  in  the  third  and  fourth  lines,  and  inserting 
in  lieu  the  words  "unless  otherwise  provided,"  which  was  agreed 
to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Cooper. 

Mr.  Boyles  moved  to  amend  section  5  by  striking  out  all 
of  the  section  after  the  word  "taxation,"  in  the  third  line. 

And  the  question  being  upon  the  motion  of  Mr.  Boyles  to 
amend  section  5  by  striking  out  all  after  the  word  "taxation," 
in  the  third  line,  and  being  put,  it  was  decided  in  the  negative. 
Ayes,  11;  noes,  21. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Barela,  Boyles,  Crosby,  Douglas,  Garcia,  Lee,  Quil- 
lian,  Stone,  Stover,  Vigil,  Widderfield. 

Those  voting  in  the  negative  are: 

Messrs.  Bromwell,  Beck,  Carr,  Cushman,  Clark,  Cooper,  Ells- 
worth, Elder,  Ebert,  Felton,  James,  Marsh,  Plumb,  Pease, 
Thatcher,  Webster,  White,  Wells,  Wheeler,  Yount,  Mr.  Presi- 
dent. 


roxsTi'n  TIO.NAI.  <'<>.\  VI:\TI<>.\. 

So  the  Convention  refused  t<>  concur  in  the  amendment  of- 
fered by  Mr.  Boyles. 

On  motion  of  .Mr.  ('JUT.  I  lie  Convention  adopted  section  .~i  as 
amended. 

So  the  Convention  adopted  tin-  article  on  Revenue  and  Fi 
nance,  in  the  words  following: 

KKVKXUE  AND  FIXAXrK. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
annual  tax,  sufficient,  with  other  resources,  to  defray  the  esti- 
mated expenses  of  the  State  government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  Territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general  laws 
which  shall  prescribe  such  regulations  as  shall  secure  a  just 
valuation  for  taxation  of  all  property,  real  and  personal;  Pro 
vided.  That  mines  and  mining  claims  bearing  gold,  silver  and 
other  precious  metals  (except  the  net  proceeds  and  surface  im- 
provements thereof)  shall  be  exempt  from  taxation  for  the  pe- 
riod of  ten  years  from  the  date  of  the  adoption  of  this  Constitu- 
tion, and  thereafter  may  be  taxed  as  provided  by  law. 

Sec.  4.  The  property,  real  and  personal,  of  the  State,  coun- 
ties, cities,  towns  and  other  municipal  corporations  and  public 
libraries,  shall  be  exempt  from  taxation. 

Sec.  5.     Lots,  with  the  buildings  thereon,  if  said  buildings 
are  used  solely  and  exclusively  for  religious  worship,  for  schools, 
or  for  strictly  charitable  purposes,  also  cemeteries  not  used  or 
held  for  private  or  corporate  profit,  shall  be  exempt  from  taxa 
tion,  unless  otherwise  provided  by  general  law. 

Sec.  6.  All  laws  exempting  property  from  taxation,  other 
than  property  hereinbefore  mentioned,  shall  be  void. 

Sec.  7.  The  General  Assembly  shall  not  impose  taxes  upon 
counties,  cities,  towns  or  other  municipal  corporations,  or  upon 
the  inhabitants  thereof,  for  county,  city,  town  or  other  muni- 
cipal purposes,  but  may  by  general  law  vest  in  the  corporate 
authorities  thereof  the  powrer  to  assess  and  collect  taxes  for 
such  purposes. 

Sec.  8.  No  county,  city,  town  or  other  municipal  corpora- 
tion, the  inhabitants  thereof,  nor  the  property  therein,  shall  be 
released  or  discharged  from  their  or  its  proportional  share  of 
taxes  to  be  levied  for  State  purposes. 

Sec.  9.  The  power  to  tax  corporations  and  corporate  prop- 
erty, real  and  personal,  shall  never  be  relinquished  or  suspended 
by  any  contract  or  grant  to  which  the  State  shall  be  a  party. 

Sec.  10.  All  corporations  in  this  State,  or  doing  business 
therein,  shall  be  subject  to  taxation  for  State,  county,  school, 


550  PROCEEDINGS    OF    THE 

municipal  and  other  purposes  on  the  real  and  personal  property 
owned  or  used  by  them  within  the  Territorial  limits  of  the  au- 
thority levying  the  tax. 

Sec.  11.  The  State  tax  on  property  shall  never  exceed  six 
mills  on  each  dollar  of  valuation,  and  whenever  the  taxable 
property  of  the  State  shall  amount  to  one  hundred  million  dol- 
lars, the  rate  shall  not  exceed  four  mills  on  each  dollar  of  valua- 
tion, and  whenever  the  taxable  property  of  the  State  shall  amount 
to  three  hundred  million  dollars,  the  rate  shall  never  thereafter 
exceed  two  mills  on  each  dollar  of  valuation,  unless  the  proposi- 
tion to  increase  such  tax  shall  be  submitted  to  a  vote  of  the 
people,  and  a  majority  of  those  who  in  the  year  next  preceding 
such  election  shall  have  paid  a  property  tax  assessed  to  them 
shall  vote  in  favor  thereof,  in  such  manner  as  provided  by  law. 

Sec.  12.  All  moneys  belonging  to  the  State  shall,  immedi- 
ately on  the  receipt  thereof  by  the  State  Treasurer,  be  deposited 
to  the  credit  of  the  State  in  such  bank  or  banks  as  he  may  select, 
with  the  approval  of  the  Governor  and  the  Attorney  General, 
such  bank  or  banks  giving  security,  satisfactory  to  the  GoArernor 
and  Attorney  General,  for  the  safe-keeping  and  payment  of  such 
deposit  whenever  demanded  by  the  State  Treasurer  on  his 
checks,  such  bank  to  pay  a  bonus  for  the  use  of  such  deposit; 
such  bonus  to  be  not  less  than  that  paid  by  other  banks  for  sim- 
ilar deposits,  and  the  same,  together  with  all  interest  and  profit 
as  may  accrue  thereon,  shall  be  disbursed  by  said  Treasurer  for 
the  purposes  of  the  State  upon  warrants  drawn  by  the  State  Au- 
ditor, according  to  law,  and  not  otherwise. 

Sec.  13.  The  Treasurer  shall  keep  a  separate  account  of 
the  funds,  and  the  number  and  amount  of  warrants  received,  and 
from  whom,  and  shall  publish,  in  such  manner  as  the  Governor 
may  designate,  a  quarterly  statement  showing  the  amount  of 
State  moneys,  and  wrhere  the  same  are  kept  or  deposited. 

Sec.  14.  The  making  of  profit  out  of  State,  county,  city, 
town  or  school  district  money,  or  using  the  same  for  any  pur- 
pose not  authorized  by  law,  by  any  public  officer,  shall  be  deemed 
a  felony,  and  shall  be  punished  as  provided  by  law. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for 
the  payment  of  the  corporate  debt  of  municipal  corporations. 

Sec.  16.  Every  law  enacted  by  the  General  Assembly  cre- 
ating a  debt  or  authorizing  a  loan  for  State  purposes  shall  pro- 
vide for  a  sinking  fund  for  the  payment  of  such  debt  or  loan 
within  a  period  not  exceeding  fifteen  and  not  less  than  ten  years. 
After  the  payment  of  the  debt  for  which  such  sinking  fund  has 
been  provided,  the  balance,  if  any,  to  the  credit  of  the  fund  shall 
immediately  be  placed  to  the  credit  of  the  general  fund  of  the 
State. 

Sec.  17.  There  shall  be  a  State  Board  of  Equalization,  con- 
sisting of  the  Governor,  State  Auditor,  State  Treasurer,  Secre- 
tary of  State,  and  Attorney  General;  also  in  each  county  of 


CONSTITUTIONAL   <  <>\ vi:.\Tin\.  ,"i."il 

the  State  a  count  v  board  of  eo.uali/at  inn,  consist  i  n-  of  the  hoard 
Of  County  commissioners  of  said  county.  The  duty  of  the  Stale 
Hoard  of  Equalization  shall  be  to  adjust  and  equalize  the  value 
<>!'  ical  and  personal  property  among  the  several  counties  of  the 
State.  The  dulv  of  the  county  hoard  of  equalization  shall  be  to 
adjust  and  equalize  the  valuation  of  real  and  personal  property 
within  their  respective  counties.  Kadi  hoard  shall  also  perform 
such  other  duties  as  may  be  prescribed  by  law. 

On  motion  of  Mr.  Wells,  the  a  Hide  on  Revenue  and  Fi- 
nance, as  adopted  by  the  Convention,  was  ordered  engrossed 
and  referred  to  the  Committee  on  Revisions  and  Adjustments. 

Mi-.  Stover  asked  for  leave  of  absence  for  the  remainder  of 
the  afternoon,  which  was  granted. 

Mr.  Wells  moved  that  the  article  on  Legislature  and  Legis- 
lation, as  reported  by  the  Committee  on  Revisions  and  Adjust- 
ments, be  taken  from  the  table  and  considered  by  sections. 

LEGISLATURE. 

Section  1  remains  unchanged;  section  2,  as  revised  by  the 
committee,  was  approved  by  the  Convention. 

Section  X  remains  unchanged;  section  4,  as  revised  by  the 
committee,  was  approved  by  the  Convention. 

The  action  of  the  committee  striking  out  section  5,  and  in- 
serting a  substitute  therefor,  was  approved  by  the  Convention. 

On  motion  of  Mr.  Wells,  a  call  of  the  Convention  was  or- 
dered. 

The  Secretary  proceeded  to  call  the  roll,  when,  on  motion 
of  Mr.  Quillian,  further  proceedings  under  the  call  were  dis- 
pensed with. 

Sections  (i  and  7,  as  revised  by  the  committee,  were  ap- 
proved by  the  Convention. 

Sections  8  and  9  remain  unchanged;  section  10,  as  revised 
by  the  committee,  was  approved  by  the  Convention;  section  11 
remains  unchanged. 

Mr.  Felton  moved  that  the  Convention  approve*  section  12  as 
revised  by  the  committee,  and  the  question  being  upon  the  mo- 
tion of  Mr.  Felton  to  approve  section  12,  and  being  put  and  a 
division  called,  it  was  decided  in  the  affirmative.  Ayes,  15; 
noes,  5. 

So  the  Convention  approved  section  12  as  revised  by  the 
Convention. 

Section  13,  as  revised  by  the  committee,  was  approved;  sec- 
tions 14,  15  and  16  remain  unchanged. 

LEGISLATION. 

Sections  1  and  2  remain  unchanged;  sections  :>  and  4.  as 
revised  by  the  committee,  were  approved  by  the  Convention; 
section  5  remains  unchanged:  sections  0  and  7,  as  revised  by 


552  PROCEEDINGS    OP    THE 

the  committee,  were  approved  by  the  Convention ;  sections  8  and 
9  remain  unchanged. 

On  motion  of  Mr.  Wells,  the  Committee  -on  Revisions  and 
Adjustments  was  granted  leave  to  amend  section  10. 

And  the  committee  reported  section  10  back  to  the  Conven- 
tion, with  an  amendment  thereto,  viz. :  The  word  "dissents,"  in 
the  fourteenth  line,  was  changed  to  "dissent."  Section  10,  as  re- 
vised by  the  committee,  was  then  approved  by  the  Convention. 

The  action  of  the  committee  in  striking  out  section  11  and 
consolidating  the  same  with  section  24  was  approved  by  the 
Convention. 

Sections  12  and  13  remain  unchanged. 

Sections  14,  15,  16  and  17,  as  revised  by  the  committee,  were 
approved  by  the  Convention. 

Sections  18,  19,  20,  21,  22,  23  and  24  remain  unchanged. 

The  action  of  the  committee  in  striking  out  section  25,  be- 
cause its  provisions  are  contained  in  section  10  of  the  article  on 
Executive  Department,  wras  approved  by  the  Convention. 

Section  26  remains  unchanged. 

On  motion  of  Mr.  Wells,  section  27  was  recommitted  to  the 
Committee  on  Revisions  and  Adjustments. 

Section  28,  as  revised  by  the  committee,  was  approved  by 
the  Convention. 

Sections  29  and  30  remain  unchanged. 

So  the  Convention  approved  the  article  on  Legislature  and 
Legislation,  in  the  words  following: 

ARTICLE  — . 

LEGISLATURE  AND  LEGISLATION. 
THE  LEGISLATURE. 

Section  1.  The  legislative  power  shall  be  vested  in  the 
General  Assembly,  which  shall  consist  of  a  Senate  and  House 
of  Representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  first  Tuesday  in  October,  in  the  years  of 
our  Lord  1876  and  1878,  and  in  each  alternate  year  thereafter; 
on  such  day,  at  such  place,  in  such  county,  as  now  are  or  here- 
after may  be  provided  by  law.  The  first  election  for  members 
of  the  General  Assembly  under  the  State  organization  shall  be 
conducted  in  the  manner  prescribed  by  the  laws  of  Colorado 
Territory  regulating  elections  for  members  of  the  Legislative 
Assembly  thereof.  When  vacancies  occur  in  either  house,  the 
Governor,  or  person  exercising  the  power  of  Governor,  shall  issue 
writs  of  election  to  fill  such  vacancies. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided,  and  Representatives  for  the  term 
of  twro  years. 


CO.NSTITI  TIONAL   «M\\  I:\TION. 

Sec.  I.  N<>  prrson  shall  IK-  a  Kepresenlal  \\  <•  or  S<-nah»r 
who  shall  not  have  attained  l  he  age  of  twenty  -I'm-  \.-ais.  who 
sliall  not  he  a  riti/.en  of  the  United  States,  who  shall  not,  for 
at  least  twelve  nionths  next  preceding  his  election,  have  re- 
sided within  the  territory  included  in  the  limits  of  the  county 
or  district  in  which  he  shall  be  chosen;  Provided,  That  any  per- 
son who,  at  the  time  of  the  adoption  of  this  Constitution,  was 
a  qualified  elector  under  the  Territorial  laws,  shall  be  eligible 
to  the  lirsi  General  Assembly. 

Sec.  5.  The  Senators  at  their  tiist  session  shall  be  divided 
into  two  classes.  Those  elected  in  districts  designated  by  even 
numbers  shall  constitute  one  class;  those  elected  in  districts 
designated  by  odd  numbers  shall  constitute  the  other  class,  ex- 
cept that  Senators  elected  in  each  of  the  districts  having  more 
than  one  Senator  shall  be  equally  divided  between  the  two 
classes;  the  Senators  of  one  class  shall  hold  for  two  years;  those 
of  the  other  class  shall  hold  for  four  years — to  be  decided  by 
lot  between  the  two  classes — so  that  one-half  of  the  Senators, 
as  near  as  practicable,  may  be  biennially  chosen  forever  there- 
after. 

Sec.  6.  Each  member  of  the  first  General  Assembly,  as  a 
compensation  for  his  services,  shall  receive  four  dollars  for  each 
day's  attendance,  and  fifteen  cents  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  the  seat  of  government; 
arid  shall  receive  no  other  compensation,  perquisite  or  allowance 
whatsoever.  No  session  of  the  General  Assembly,  after  the  first, 
sliall  exceed  forty  days  after  the  first  session.  The  compensa- 
tion of  the  members  of  the  General  Assembly  shall  be  as  pro- 
vided by  law;  Provided,  That  no  General  Assembly  shall  fix  its 
own  compensation. 

Sec.  7.  The  General  Assembly  shall  meet  at  12  o'clock 
noon  on  the  fourth  Wednesday  in  November,  A.  D.  1876,  and 
at  12  o'clock  noon  on  the  first  Wednesday  in  January,  A.  D. 
1879;  and  at  12  o'clock  noon  on  the  first  Wednesday  in  January 
of  each  alternate  year  forever  thereafter;  and  at  other  times 
when  convened  by  the  Governor.  The  term  of  service  of  the 
members  thereof  shall  begin  on  the  fourth  Wednesday  of  No- 
vember next  after  their  election,  until  otherwise  provided  by 
law. 

Sec.  8.  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  shall  have  been  elected,  be  appointed  to  any 
civil  office  under  the  State,  and  no  member  of  Congress  or  other 
person  holding  any  office  (except  of  attorney  at  law,  notary  pub- 
lic, or  in  the  military)  under  the  United  States,  or  thia  State, 
shall  be  a  member  of  either  house  during  his  continuance  in 
office. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term 
for  which  he  may  have  been  elected,  receive  any  increase  of  sal- 
ary or  mileage  under  any  law  passed  during  such  term. 


554  PROCEEDINGS    OF    THE 

Sec.  10.  The  Senate  shall,  at  the  beginning  and  close  of 
each  regular  session,  and  at  such  other  time  as  may  be  neces- 
sary, elect  one  of  its  members  President  pro  tempore.  The  House 
of  Representatives  shall  elect  one  of  its  members  as  Speaker. 
Each  house  shall  choose  its  other  officers,  and  shall  judge  of  the 
election  and  qualification  of  its  members. 

Sec.  11.  A  majority  of  each  house  shall  constitute  a  quo- 
rum, but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members. 

Sec.  12.  Each  house  shall  have  power  to  determine  the 
rules  of  its  proceedings,  and  punish  its  members  or  other  per- 
sons for  contempt  or  disorderly  behavior  in  its  presence;  to  en- 
force obedience  to  its  process;  to  protect  its  members  against 
violence,  or  offers  of  bribes  or  private  solicitation,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member,  but  not  a  second 
time  for  the  same  cause,  and  shall  have  all  other  powers  neces- 
sary for  the  Legislature  of  a  free  State.  A  member  expelled  for 
corruption  shall  not  thereafter  be  eligible  to  either  house  of 
the  same  General  Assembly,  and  punishment  for  contempt  or 
disorderly  behavior  shill  not  bar  an  indictment  for  the  same 
offense. 

Sec.  13.  Each  house  shall  keep  a  Journal  of  its  proceed- 
ings, and  may.  in  its  discretion,  from  time  to  time,  publish  the 
same,  except  such  parts  as  require  secrecy,  and  the  ayes  and  noes 
on  any  uestion  shall  at  the  desire  of  any  two  members  be  en- 
tered on  the  Journal. 

Sec.  14.  The  sessions  of  each  house  and  of  the  Committee 
of  the  Whole  shall  be  open,  unless  when  the  business  is  such 
as  ought  to  be  kept  secret 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  General  Assembty  shall  in  all 
cases  except  treason,  felony,  violation  of  their  oath  of  office, 
and  breach  or  surety  of  the  peace,  be  privileged  from»arrest  dur- 
ing their  attendance  at  the  sessions  of  their  respective  houses, 
and  in  going  to  and  returning  from  the  same;  and  for  any  speech 
or  debate  in  either,  house  they  shall  not  be  questioned  in  any 
other  place. 

LEGISLATION. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no 
bill  shall  be  so  altered  or  amended  on  its  passage  through  either 
house  as  to  change  its  original  purpose. 

Sec.  2.  The  style  of  the  laws  shall  be:  "Be  it  Enacted  by 
the  General  Assembly  of  the  State  of  Colorado." 

Sec.  3.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage,  unless,  in  case  of  emergency 
(which  shall  be  expressed  in  the  preamble  or  body  of  the  act), 
the  General  Assembly  shall  by  a  vote  of  two-thirds  of  all  the 


555 

members  elected    in  cadi   house  otherwise  direct.     No  bill,  ex- 
cept tin-  general  appropriation  bill,  for  the  expenses  of  the  gov 
ernineiit  only,  introduced  in  either  house  of  the  General  Assem- 
bly after  the  tirsi    twenty  live  days  of  the  session   shall   become 
a  law. 

SIM-.  1.  Xo  bill  shall  be  considered  or  become  a  law  unless 
referred  lo  a  committee,  returned  therefrom,  and  printed  for  the 
use  of  the  members. 

s«-c.  ,").  Xo  bill,  except  general  appropriation  bills,  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title;  but  if  any  subject  shall  be  embraced  in 
any  act  which  shall  not  be  expressed  in  the  title,  such  act  shall 
be  void  only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Sec.  6.  Every  bill  shall  be  read  at  length  on  three  differ- 
ent days  in  each  house;  all  substantial  amendments  made  there- 
to shall  be  printed  for  the  use  of  the  members  before  the  final 
vote  is  taken  on  the  bill;  and  no  bill  shall  become  a  law  except 
by  vote  of  a  majority  of  all  the  members  elected  to  each  house, 
nor  unless  on  its  final  passage  the  vote  be  taken  by  ayes  and 
noes,  and  the  names  of  those  voting  be  entered  upon  the  Journal. 

Sec.  7.  No  amendment  to  any  bill  by  one  house  shall  be 
concurred  in  by  the  other,  nor  shall  the  report  of  any  commit- 
tee of  conference  be  adopted  in  either  house  except  by  vote 
of  a  majority  of  the  members  elected  thereto  taken  by  ayes  and 
noes,  and  the  names  of  those  voting  recorded  upon  the  Journal 
thereof. 

Sec.  8.  No  law  shall  be  revived  or  amended,  or  the  provi- 
sions thereof  extended,  or  conferred  by  reference  to  its  title  only, 
but  so  much  thereof  as  is  revived,  amended,  extended  or  con- 
ferred shall  be  re-enacted  and  published  at  length. 

Sec.  9.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condi- 
tion of  their  employment  or  otherwise,  any  contract  or  agree- 
ment whereby  such  person,  company  or  corporation  shall  be  re- 
leased or  discharged  from  liability  or  responsibility  on  account 
of  personal  injuries  received  by  such  servants  or  employes  while 
in  the  service  of  such  person,  company  or  corporation,  or  the 
agents  or  employes  thereof,  and  such  contracts  shall  be  abso- 
lutely null  and  void. 

Sec.  10.  The  General  Assembly  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say:  For  granting  divorces;  laying  out,  opening,  altering  or  work- 
ing roads  or  highways:  vacating  roads,  town  plats,  streets,  alleys 
and  public  grounds;  locating  or  changing  county  seats:  regu- 
lating county  or  township  affairs;  regulating  the  practice  in 
courts  of  justice;  regulating  the  jurisdiction  and  duties  of  jus- 
tices of  the  peace,  police  magistrates  and  constables;  changing 
the  rules  of  evidence  in  any  trial  or  inquiry;  providing  for 
changes  of  venue  in  civil  or  criminal  cases ;  declaring  any  person 


556  PROCEEDINGS    OP    THE 

of  age;  for  limitation  of  civil  actions  or  giving  effect  to  informal 
or  invalid  deeds;  summoning  or  impaneling  grand  or  petit  jur- 
ors; providing  for  the  management  of  common  schools;  regulat- 
ing the  rate  of  interest  on  money;  the  opening  or  conducting  of 
any  election,  or  designating  the  place  of  voting;  the  sale  or 
mortgage  of  real  estate  belonging  to  minors  or  others  under  dis- 
ability; the  protection  of  game  or  fish;  chartering  or  licensing 
ferries  or  toll  bridges;  remitting  fines,  penalties  or  forfeitures; 
creating,  increasing  or  decreasing  fees,  percentage  or  allowances 
of  public  officers;  changing  the  law  of  descent;  granting  to  any 
corporation,  association  or  individual  the  right  to  lay  down  rail- 
road tracks;  granting  to  any  corporation,  association  or  individ- 
ual any  special  or  exclusive  privilege,  immunity  or  franchise 
whatever.  In  all  other  cases  where  a  general  law  can  be  made 
applicable  no  special  law  shall  be  enacted. 
Section  11  consolidated  with  section  24. 
Sec.  12.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  General  Assembly,  after  their 
titles  shall  have  been  publicly  read,  immediately  before  signing, 
and  the  fact  of  signing  shall  be  entered  on  the  Journal. 

Sec.  13.  The  General  Assembly  shall  prescribe  by  law  the 
number,  duties  and  compensation  of  the  officers  and  employes 
of  each  house,  and  no  payment  shall  be  made  from  the  State 
treasury  or  be  in  any  way  authorized  to  any  person  except  to 
an  acting  officer  or  employe  elected  or  appointed  in  pursuance 
of  law. 

Sec.  14.  No  bill  shall  be  passed  giving  any  extra  compen- 
sation to  any  public  officer,  servant  or  employe,  agent  or  con- 
tractor after  services  shall  have  been  rendered  or  contract  made, 
nor  providing  for  the  payment  of  any  claim  made  against  the 
State  without  previous  authority  of  law. 

Sec.  15.  All  stationery,  printing  paper  and  fuel  used  in 
the  Legislature  and  other  departments  of  government  shall  be 
furnished,  and  the  printing  and  binding  and  distributing  of  the 
laws,  Journals,  department  reports  and  other  printing  and  bind- 
ing; and  the  repairing  and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  General  Assembly  and  its  committees, 
shall  be  performed  under  contract,  to  be  given  to  the  lowest  re- 
sponsible bidder  below  such  maximum  price  and  under  such  reg- 
ulations as  may  be  prescribed  by  law.  No  member  or  officer  of 
any  department  of  the  government  shall  be  in  any  way  inter- 
ested in  any  such  contract,  and  all  such  contracts  shall  be  sub- 
ject to  the  approval  of  the  Governor  and  State  Treasurer. 

Sec.  16.  No  law  shall  extend  the  term  of  any  public  officer, 
or  increase  or  diminish  his  salary  or  emoluments  after  his  elec- 
tion or  appointment;  Provided,  This  shall  not  be  construed  to 
forbid  the  General  Assembly  to  fix  the  salary  or  emoluments  of 
those  first  elected  or  appointed  under  this  Constitution. 


CON  STI TU  TI  ON  A  L    CO  N  V  I :  N  T I  o  N .  .~i  ."i  < 

S«T.  17.  All  hills  t<n  raisin*;  revenue  shall  originate  in  the 
House  of  Representatives,  bin  tin-  Senate. may  propose  amend- 
ments as  in  case  of  other  bills. 

Sec.  18.  The  general  appropriation  bill  shall  embrace  noth- 
ing but  appropriations  for  the  ordinary  expenses  of  the  Execu- 
tive, Legislative  and  Judicial  departments  of  the  State,  interest 
<>n  the  public  debt,  and  for  public  schools.  All  other  appropri- 
ations shall  be  made  by  separate  bills,  each  embracing  but  one 
subject. 

Sec.  19.  No  money  shall  be  paid  out  of  the  treasury  exrcept 
upon  appropriations  made  by  law,  and  on  warrants  drawn  by  the 
proper  officer  in  pursuance  thereof. 

Sec.  20.  No  appropriation  shall  be  made  for  charitable, 
industrial,  educational  or  benevolent  purposes  to  any  person, 
corporation  or  community  not  under  the  absolute  control  of  the 
State,  nor  to  any  denominational  or  sectarian  institution  or  as- 
sociation. 

Sec.  21.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation  or  association,  any  power 
to  make,  supervise  or  interfere  with  any  municipal  improvement, 
money,  property  or  effects,  whether  held  in  trust  or  otherwise, 
or  to  levy  taxes  or  perform  any  municipal  function  whatever. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  administrators, 
guardians  or  other  trustees  in  the  bonds  or  stock  of  any  private 
corporation. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  crim- 
inal cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such 
manner  as  shall  be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  person,  associa- 
tion or  corporation  held  or  covered  by  the  State,  or  any  munic- 
ipal corporation  therein,  shall  ever  be  exchanged,  transferred, 
remitted,  released  or  postponed,  or  in  any  way  diminished  by 
the  General  Assembly;  nor  shall  such  liability  or  obligation  be 
extinguished  except  by  payment  thereof  into  the  proper  treas- 
ury. 

Section  25  struck  out  because  provided  for  in  section  10  of 
Executive  article. 

Sec.  26.  Every  order,  resolution  or  vote  to  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  ques- 
tion of  adjournment  or  relating  solely  to  the  transaction  of  bus- 
iness of  the  two  houses,  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect  be  approved  by  him,  or  being  disap- 
proved shall  be  repassed  by  two- thirds  of  both  houses,  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Section  27  recommitted  to  the  committee. 

Sec.  28.  Any  person  who  shall  directly  or  indirectly  offer, 
give  or  promise  any  money  or  thing  of  value,  testimonial,  priv- 


558  PROCEEDINGS    OF    THE 

ilege.  or  persona]  advantage  to  any  executive  or  judicial  officer 
or  member  of  the  General  Assembly,  to  influence  him  in  the  per- 
formance of  any  of  his  public  or  official  duties,  shall  be  deemed 
guilty  of  briber}'  and  be  punished  in  such  manner  as  shall  be 
provided  by  law. 

Sec.  29.  The  offense  of  corrupt  solicitation  of  members  of 
the  General  Assembly,  or  of  public  officers  of  the  State,  or  of 
any  municipal  division  thereof,  and  any  occupation  or  practice 
of  solicitation  of  such  members  or  officers  to  influence  their  of- 
ficial action,  shall  be  defined  by  law,  and  shall  be  punished  by 
fine  and  imprisonment. 

Sec.  30.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  General 
Assembly  shall  disclose  the  fact  to  the  house  of  which  he  is  a 
member,  and  shall  not  vote  thereon. 

On  motion  of  Mr.  Wells,  the  article  on  Legislature  and  Leg- 
islation, as  approved  by  the  Convention,  was  recommitted  to  the 
Committee  on  Revisions  and  Adjustments  for  adjustment  in  the 
Constitution,  and  the  Secretary  was  instructed  to  furnish  the 
Committee  on  Engrossing  and  Enrolling  with  a  copy  thereof  for 
enrollment. 

On  motion  of  Mr.  Wells,  the  article  on  "Impeachment  and 
Removal  from  Office"  was  taken  from  the  table  and  considered 
by  sections. 

Sections  1,  2  and  3,  as  revised  by  the  committee,  were  ap- 
proved by  the  Convention. 

So  the  Convention  approved  the  article  on  "Impeachment 
and  Removal  from  Office/'  in  the  words  following: 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

Section  1.  The  House  of  Representatives  shall  have  the 
sole  power  of  impeachment.  The  concurrence  of  a  majority  of 
all  the  members  shall  be  necessary  to  an  impeachment.  All 
impeachments  shall  be  tried  by  the  Senate,  and  when  sitting  for 
that  purpose  the  Senators  shall  be  upon  oath  or  affirmation  to 
do  justice  according  to  law  and  evidence.  When  the  Governor 
or  Lieutenant  Governor  is  on  trial,  the  Chief  Justice  of  the 
Supreme  Court  shall  preside.  No  person  shall  be  convicted  with- 
out a  concurrence  of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  judicial  officers, 
except  county  judges  and  justices  of  the  peace,  shall  be  liable 
to  impeachment  for  high  crimes  or  misdemeanors  or  malfeas- 
ance in  office,  but  judgment  in  such  cases  shall  only  extend  to 
removal  from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  in  the  State.  The  party,  whether  convicted 
or  acquitted,  shall,  nevertheless,  be  liable  to  prosecution,  trial, 
judgment  and  punishment,  according  to  law. 


( •< ) \ s i  ri  i •  T  i ( ».\ A i .  < •< > \ \ i : \  1 1 it .\ .  r..v. > 

Sec.  :;.     I'rm  ision  shall  lie  made  by  law  lor  the  removal  from 
office  of  all  civil  officers  not  liable  to  impeachment  for  miscon 
duct  or  malfeasance  in  office. 

On  motion  of  Mr.  Wells,  the  article  on  Impeachment  and  Re- 
moval from  Office,  as  approved  by  the  Convention,  was  re<  om 
mitted  to  the  Committee  on  Revisions  and  Adjustments  for  ad- 
justment in  the  Constitution,  and  the  Secretary  was  instructed 
to  furnish  a  copy  thereof  to  the  Committee  on  Engrossing  and 
Enrollment  for  enrollment. 

On  motion  of  Mr.  Wells,  the  article  on  drugged  and  poison- 
ous liquors,  as  reported  by  the  Committee  on  Revisions  and  Ad- 
justments, was  taken  from  the  table  and  considered  by  sections. 

Section  1  remains  unchanged;  section  2,  as  revised  by  the 
committee,  was  approved  by  the  Convention. 

So  the  Convention  approved  the  article  on  drugged  and  poi- 
sonous liquors  in  the  words  following: 

ARTICLE  — . 

Section  1.  The  General  Assembly  shall  prohibit  by  law  the 
importation  into  this  State,  for  the  purposes  of  sale,  of  any  spuri- 
ous, poisonous  or  drugged  spirituous  liquors,  or  spirituous  liquors 
adulterated  with  any  poisonous  or  deleterious  substance,  mix- 
ture or  compound,  and  shall  prohibit  the  compounding  or  man- 
ufacture within  the  State,  except  for  chemical  or  mechanical 
purposes,  of  any  of  said  liquors,  whether  they  be  denominated 
spirituous,  vinous,  malt  or  otherwise;  and  shall  also  prohibit  the 
sale  of  any  such  liquors  to  be  used  as  a  beverage,  and  any  viola- 
tion of  either  of  said  prohibitions  shall  be  punished  by  fine  and 
imprisonment. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for 
the  condemnation  and  destruction  of  all  spurious,  poisonous  or 
drugged  liquors  herein  prohibited. 

On  motion  of  Mr.  Wells,  the  article  on  Drugged  and  Poison- 
ous Liquors,  approved  by  the  Convention,  was  recommitted  to- 
the  Committee  on  Revisions  and  Adjustments  for  adjustment 
in  the  Constitution,  and  the  Secretary  was  instructed  to  furnish 
the  Committee  on  Engrossing  and  Enrolling  with  a  copy  for 
enrollment. 

On  motion  of  Mr.  Wells,  the  article  on  Education  and  Edu- 
cational Institutions  was  taken  from  the  table  and  considered 
by  sections. 

Sections  1,  2.  :*>.  1.  r>.  (I  and  7,  as  revised  by  the  committee, 
were  approved  by  the  Convention. 

Mr.  Pease  asked  for  leave  of  absence  for  the  remainder  of 
the  afternoon,  which  was  granted. 

Sections  11,  12,  18,  14  and  16  remain  unchanged. 

On  motion  of  Mr.  Wells,  the  article  on  Education  and  Edu 
cational  Institutions  was  recommitted  to  the  Committee  on  Re- 
visions and  Adjustments. 


5GO  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Wells,  the  article  on  "Congressional  and 
Legislative  Apportionment,"  as  reported  by  the  Committee  on  Re- 
visions and  Adjustments,  was  taken  from  the  table  and  con- 
sidered by  sections. 

Section  1,  as  revised  by  the  committee,  was  approved  by  the 
Convention. 

Section  2  remains  unchanged. 

Section  3,  as  revised  by  the  committee,  was  approved  by  the 
Convention. 

Section  4  remains  unchanged. 

Sections  5  and  6,  as  revised  by  the  committee,  were  approved 
by  the  Convention. 

So  the  Convention  approved  the  article  on  Congressional  and 
Legislative  Apportionment,  in  the  words  following: 

ARTICLE  — . 
CONGRESSIONAL  AND  LEGISLATIVE  APPORTIONMENT. 

Section  1.  One  Representative  in  the  Congress  of  the  United 
States  shall  be  elected  from  the  State  at  large  at  the  first  election 
under  this  Constitution,  and  thereafter  at  such  times  and  places, 
and  in  such  manner,  as  may  be  prescribed  by  law.  When  a  new 
apportionment  shall  be  made  by  Congress  the  General  Assembly 
shall  divide  the  State  into  Congressional  districts  accordingly. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  State  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-five  and  every  tenth 
year  thereafter,  and  at  the  session  next  following  such  enumera- 
tion and  also  at  the  session  next  following  an  enumeration  made 
by  the  authority  of  the  United  States,  shall  revise  and  adjust  the 
apportionment  for  Senators  and  Representatives  on  the  basis  of 
such  enumeration,  according  to  the  ratios  to  be  fixed  by  law. 

Sec.  3.  The  Senate  shall  consist  of  twenty-six  and  the  House 
of  Representatives  of  forty-nine  members,  which  number  shall 
not  be  increased  until  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ninety,  after  which  time  the  General  Assembly  may 
increase  the  number  of  Senators  and  Representatives,  preserving 
as  near  as  may  be  the  present  proportion  as  to  the  number  in 
each  house;  Provided,  That  the  aggregate  number  of  Senators 
and  Representatives  shall  never  exceed  one  hundred. 

Sec.  4.  Senatorial  and  Representative  districts  may  be 
altered  from  time  to  time  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties  they  shall  be  contiguous  and  the  district 
as  compact  as  may  be.  No  county  shall  be  divided  in  the  forma- 
tion of  a  Senatorial  or  Representative  district. 

Sec.  5.  Until  the  State  shall  be  divided  into  Senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article,  said  dis- 
tricts shall  be  constituted  and  numbered  as  follows : 


CONST  IT  I  TIO.NAI.    CON  V  i:\TION. 

The  couniv  of  \\"cl(l  shall  constitute  the  first  district  and  he 
entitled  in  one  Senator. 

The  count  v  of  Larimer  shall  constitute  the  second  district 
and  he  entitled  to  one  Senator. 

The  county  of  Moulder  shall  constitute  the  third  district 
and  be  entitled  to  two  Senators. 

The  count  v  of  (iilpin  shall  constitute  the  fourth  district  and 
be  entitled'  to  one  Senator. 

The  counties  of  Gilpin,  Summit  and  Grand  shall  constitute 
the  fifth  district  and  be  entitled  to  one  Senator. 

The  count  v  of  Clear  Creek  shall  constitute  the  sixth  district 
and  be  entitled  to  two  Senators. 

The  county  of  Jefferson. shall  constitute  the  seventh  district 
and  be  entitled  to  one  Senator. 

The  county  of  Arapahoe  shall  constitute  the  eighth  district 
and  be  entitled  to  four  Senators. 

The  counties  of  Elbert  and  Bent  shall  constitute  the  ninth 
district  and  be  entitled  to  one  S-enator. 

The  county  of  El  Paso  shall  constitute  the  tenth  district 
and  be  entitled  to  one  Senator. 

The  county  of  Douglas  shall  constitute  the  eleventh  district 
and  be  entitled  to  one  Senator. 

The  county  of  Park  shall  constitute  the  twelfth  district  and 
be  entitled  to  one  Senator. 

The  counties  of  Lake  and  Saguache  shall  constitute  the  thir- 
teenth district  and  be  entitled  to  one  senator. 

The  county  of  Fremont  shall  constitute  the  fourteenth  dis- 
trict and  be  entitled  to  one  Senator. 

The  county  of  Pueblo  shall  constitute  the  fifteenth  district 
and  be  entitled  to  one  Senator. 

The  county  of  Huerfano  shall  constitute  the  sixteenth  dis- 
trict and  be  entitled  to  one  Senator. 

The  county  of  Las  Animas  shall  constitute  the  seventeenth 
district  and  shall  be  entitled  to  two  Senators. 

The  county  of  Costilla  shall  constitute  the  eighteenth  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Conejos  shall  constitute  the  nineteenth  district 
and  shall  be  entitled  to  one  Senator. 

The  counties  of  Rio  Grande,  Hinsdale,  La  Plata  and  San 
Juan  shall  constitute  the  twentieth  district  and  be  entitled  to 
one  Senator. 

Sec.  6.  Until  an  apportionment  of  Representatives  be  made 
in  accordance  with  the  provisions  of  this  article,  they  shall  be 
divided  among  the  several  counties  of  the  State  in  the  following 
manner:  The  county  of  Arapahoe  shall  have  seven,  the  counties 
of  Boulder  and  Clear  Creek,  each  four:  the  counties  of  Gilpin  and 


5G2  PROCEEDINGS    OF    THE 

Las  Animas,  each  three;  the  counties  of  El  Paso,  Fremont,  Huer- 
fano,  Jefferson,  Pueblo  and  Weld,  each  two ;  the  counties  of  Bent, 
Costilla,  Conejos,  Douglas,  Elbert,  Grand,  Hinsdale,  Larimer, 
La  Plata,  Lake,  Park,  Rio  Grande,  Summit,  S'aguache  and  San 
Juan,  each  one;  and  the  counties  of  Costilla  and  Conejos  jointly, 
one. 

On  motion  of  Mr.  Wells,  the  article  on  "Congressional  and 
Legislative  Apportionment,"  as  approved  by  the  Convention,  was 
recommitted  to  the  Committee  on  Revisions  and  Adjustments  for 
adjustment  in  the  Constitution,  and  the  Secretary  was  instructed 
to  furnish  the  Committee  on  Engrossing  and  Enrolling  with  a 
copy  for  enrollment. 

On  motion  of  Mr.  Wells,  the  article  on  State,  County  and 
Municipal  Indebtedness  Avas  taken  from  the  table  and  considered 
by  sections. 

Sections  1,  2,  3,  4,  5,  6,  7,  8  and  9,  as  revised  by  the  com- 
mittee, were  aproved  by  the  Convention. 

So  the  Convention  approved  the  article  on  State,  County 
and  Municipal  Indebtedness,  in  the  words  following: 

STATE,  COUNTY  AND  MUNICIPAL  INDEBTEDNESS. 

Section  1.  Neither  the  State  nor  any  county,  city,  town, 
township  or  school  district  shall  lend  or  pledge  the  credit  or  faith 
thereof,  directly  or  indirectly,  in  any  manner  to  or  in  aid  of  any 
person,  company  or  corporation,  public  or  private,  for  any 
amount  or  for  any  purpose  whatever,  or  become  responsible  for 
and  debt,  contract  or  liability  of  any  person,  company  or  cor- 
poration, public  or  private,  in  or  out  of  the  State. 

Sec.  2.  Neither  the  State,  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  make  any  donation  or  grant  to,  or  in 
aid  of,  or  become  a  subscriber  to  or  shareholder  in  any  corpora- 
tion or  company,  or  a  joint  owner  with  any  person,  company  or 
corporation,  public  or  private,  in  or  out  of  the  State,  except  as 
to  such  ownership  as  may  accrue  to  the  State  by  escheat  or  by 
forfeiture,  by  operation  or  provision  of  law;  and  except  as  to 
such  ownership  as  may  accrue  to  the  State  or  to  any  county,  city, 
town,  township  or  school  district,  or  to  either  or  any  of  them, 
jointly  with  any  person,  company  or  corporation,  by  forfeiture  or 
sale  of  real  estate  for  non-payment  of  taxes,  or  by  donation  or 
devise  for  public  use,  or  by  purchase  by  or  on  behalf  of  any  or 
either  of  them,  jointly  with  any  or  either  of  them,  under  execu- 
tion in  cases  of  fines,  penalties  or  by  forfeiture  of  recognizance, 
breach  of  condition  of  official  bond  or  of  bond  to  secure  public 
moneys,  or  the  performance  of  any  contract  in  which  they  or  any 
of  them  may  be  jointly  or  severally  interested. 

Sec.  3.  The  State  shall  not  contract  any  debt  by  loan  in  any 
form,  except  to  provide  for  casual  deficiencies  of  revenue,  erect 
public  buildings  for  use  of  the  State,  suppress  insurrection,  de- 
fend the  State,  or,  in  time  of  war,  assist  in  defending  the  United 


CON STITI ' T I O \  A  I .    (  '<  i  \  V  I :  N  Tin \  . 

Stairs:  and  the  aniniiiit  of  debt  con  I  rarl  ed  in  an\  "in-  \cai-  In 
provide  1'nr  d<  liciencies  of  revenue  shall  not  exceed  one-fourth  of  a 
mill  on  cadi  dollar  of  valuation  of  taxable  property  within  tin1 
State,  ami  the  a: gg rebate  amount  of  such  debt  shall  not  at  any 
time  exceed  three-fourths  of  a  mill  on  each  dollar  of  said  valua- 
tion until  the  valuation  shall  equal  one  hundred  millions  of  dol- 
lars; and  then  after  such  debt  shall  not  exceed  one  hundred  thou- 
sand dollars, and  the  debt  incurred  in  any  one  year  for  erection 
of  public  buildings  shall  not  exceed  one-half  mill  on  each  dollar 
of  said  valuation:  and  the  aggregate  amount  of  such  debt  shall 
never  at  any  time  exceed  the  sum  of  fifty  thousand  dollars  iex- 
cej.t  as  provided  in  section  live  of  this  article),  and  in  all  caeefl 
the  valuation  in  this  section  mentioned  shall  be  that  of  the  as->  ma 
ment  last  preceding  the  creation  of  said  debt. 

Sec.  4.  In  no  case  shall  any  debt  above  mentioned  in  this 
article  be  created  except  by  a  law  which  shall  be  irrepealable 
until  the  indebtedness  therein  provided  for  shall  have  been  fully 
paid  or  discharged.  Such  law  shall  specify  the  purposes  to  which 
the  funds  so  raised  shall  be  applied,  and  provide  for  the  levy  of  a 
tax  sufficient  to  pay  the  interest  on  and  extinguish  the  princi- 
pal of  such  debt  within  the  time  limited  by  such  law  for  the  pay- 
ment thereof,  which,  in  the  case  of  debts  contracted  for  the  erec- 
tion of  public  buildings  and  supplying  deficiencies  of  revenue, 
shall  not  be  less  than  ten  nor  more  than  fifteen  years,  and  the 
funds  arising  from  the  collection  of  any  such  tax  shall  not  be 
applied  to  any  other  purpose  than  that  provided  in  the  law  levy- 
ing the  same,  and  when  the  debt  thereby  created  shall  be  paid  or 
discharged  such  tax  shall  cease.  , 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings 
may  be  created  by  law  as  provided  for  in  section  four  of  this 
article,  not  exceeding  in  the  aggregate  three  mills  on  each  dollar 
of  said  valuation;  Provided,  that  before  going  into  eft'ect  such 
law  shall  be  ratified  by  the  vote  of  a  majority  of  such  qualified 
electors  of  the  State  as  shall  vote  thereon  at  a  general  election 
under  such  regulations  as  the  General  Assembly  may  prescribe. 

Sec.  6.  No  county  shall  contract  any  debt  by  law  in  any 
form  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  public  roads  and  bridges,  and  such  in- 
debtedness contracted  in  any  one  year  shall  not  exceed  the  rates 
upon  the  taxable  property  in  such  county,  following,  to  wit : 

Counties  in  which  the  assessed  valuation  of  taxable  property 
shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty  cents  on 
each  thousand  dollars  thereof.  Counties  in  which  such  valuation 
shall  be  less  than  five  millions  of  dollars,  three  dollars  on  each 
thousand  dollars  thereof.  And  the  aggregate  amount  of  such 
indebtedness  of  any  county  for  all  purposes,  exclusive  of  debts 
contracted  before  the  adoption  of  this  Constitution,  shall  not  at 
any  time  exceed  twice  the  amount  above  herein  limited,  unless 
when  in  manner  provided  by  law.  The  question  of  incurring 


564  PROCEEDINGS    OF    THE 

such  debt  shall  at  a  general  election  be  submitted  to  such  of  the 
qualified  electors  of  such  county  as  in  the  year  last  preceding  such 
election  shall  have  paid  a  tax  upon  property  assessed  to  them  in 
such  county,  and  a  majority  of  those  voting  thereon  shall  vote  in 
favor  of  incurring  the  debt,  but  the  bonds,  if  any  be  issued  there- 
for, shall  not  run  less  than  ten  years;  and  the  aggregate  amount 
of  debt  so  contracted  shall  not  at  any  time  exceed  twice  the  rate 
upon  the  valuation  last  herein  mentioned;  Provided,  that  this  sec- 
tion shall  not  apply  to  counties  having  a  valuation  of  less  than 
one  million  of  dollars. 

S<ec.  7.  No  debt  by  loan  in  any  form  shall  be  contracted  by 
any  school  district  for  the  purpose  of  erecting  and  furnishing 
school  buildings  or  purchasing  grounds,  unless  the  proposition  to 
create  such  debt  shall  first  be  submitted  to  such  qualified  electors 
of  the  district  as  shall  have  paid  a  school  tax  therein  in  the  year 
next  preceding  such  election,  and  a  majority  of  those  voting 
thereon  shall  vote  in  favor  of  incurring  such  debt. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan  in 
any  form  except  by  means  of  an  ordinance,  which  shall  be  irre- 
pealable  until  the  indebtedness  therein  provided  for  shall  have 
been  fully  paid  or  discharged,  specifying  the  purposes  to  which  the 
funds  to  be  raised  shall  be  applied,  and  providing  for  the  levy 
of  a  tax  not  exceding  twelve  (12)  mills  on  each  dollar  of  valua- 
tion of  taxable  property  within  such  city  or  town,  sufficient  to 
pay  the  annual  interest  and  extinguish  the  principal  of  such  debt 
within  fifteen,  but  not  less  than  ten,  years  from  the  creation 
thereof,  and  such  tax  when  collected  shall  be  applied  only  to  the 
purposes  in  such  ordinance  specified,  until  the  indebtedness  shall 
be  paid  or  discharged.  But  no  such  debt  shall  be  created  unless  the 
question  of  incurring  the  same  shall  at.  a  regular  election  for  coun- 
cilman or  alderman  or  officers  of  such  city  or  town  be  submitted 
to  a  vote  of  such  qualified  electors  thereof  as  shall  in  the  year 
next  preceding  have  paid  a  property  tax  therein,  and  a  majority 
of  those  voting  on  the  question  by  ballot,  deposited  in  a  separate 
ballot  box,  shall  vote  in  favor  of  creating  such  debt;  but  the  ag- 
gregate amount  of  debt  so  created,  together  with  the  debt  ex- 
isting at  the  time  of  such  election,  shall  not  at  any  time  exceed 
three  per  cent,  of  the  valuation  last  aforesaid.  Debts  contracted 
for  supplying  water  to  such  city  or  town  are  excepted  from  the 
operation  of  this  section.  The  valuation  in  this  section  men- 
tioned shall  be  in  all  cases  that  of  the  assessment  next  preceding 
the  last  assessment  before  the  adoption  of  such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  be  so  con- 
strued as  to  either  impair  or  add  to  the  obligation  of  any  debt 
heretofore  contracted  by  any  county,  city,  town  or  school  district, 
in  accordance  with  the  laws  of  Colorado  Territory,  or  prevent  the 
contracting  of  any  debt  or  the  issuing  of  bonds  therefor  in  accord- 
ance with  the  said  laws,  upon  any  proposition  for  that  purpose 
which  may  have  been,  according  to  said  laws,  submitted  to  a  vote 


.  ON8TIT1  TIONAL   m.\  VKNTION.  565 

of  tin'  (|ii;ili!ic<l  eh-ctnrs  of  any  count  \ .  city.  Inxvn  m-  school  district 
In-fore-    the  da\    on    which    lllis   (  'oust  i  I  111  inn    t  ;i  krs  ell'rcl  . 

On  nint  inn  of  Mr.  \\Ylls.  the  article  mi  State,  County  and 
.Municipal  ImlHiiMlnrss.  as  a|>|'i-ovcd  1»\  llic  ( 'mi\  cut  inn.  \vas  re- 
cnniniiltcMl  tn  tin-  Cninniiltcc  nn  Kcvisinns  and  Adjustments  for 
adjustment  in  tin-  rmist  inn  ion.  and  the  S<rrriar\  \\as  inst  ru.-n  d 
to  furnish  the  Committee  on  Engrossing  and  Knrolling  with  a 
copv  for  enrollment. 

Mr.  Cooper,  chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on  Judicial 
Department  as  correctly  engrossed'. 

There  l>ein<:  no  objection,  the  report  was  received  and  referred 
to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Wells,  the  Convention  adjourned  until  9 
(•'clock  a.  in.  to-morrow. 


566  PROCEEDINGS    OF    THE 


SATURDAY,  MARCH  4,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  oft'ered  by  the  Rev.  Mr.  Sturtevant. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Clark,  Crosby, 
Hough,  Head,  Marsh,  Meyer,  Rockwell,  Webster,  White  and 
Wilcox. 

On  motion  of  Mr.  Felt  on,  the  reading  of  the  Journal  was 
dispensed  with. 

Mr.  Wells  offered  the  following  resolution',  and  on  his  own 
motion  it  was  adopted : 

Resolved,  That  the  following  be  the  arrangement  of  the  fol- 
lowing named  articles,  to  wit:  IV,  Executive  Department;  V, 
Legislative  Department;  VI,  Judicial  Department. 

The  President  presented  a  communication  from  the  mayor  of 
the  city  of  Pueblo,  inviting  the  Convention  as  a  body  TO  visit  that 
city  and  participate  in  the  festivities  and  celebration  on  Tuesday, 
the  7th  inst. 

Mr.  Elder  moved  that  the  invitation  be  accepted  and  the 
thanks  of  the  Convention  returned  to  the  mayor  of  the  city  of 
Pueblo. 

Mr.  Wells,  as  an  amendment  to  the  motion  of  Mr.  Elder, 
offered  the  following  resolution,  and  moved  its  adoption  : 

Resolved,  That  the  thanks  of  the  Convention  be  returned  to 
the  citizens  of  the  city  of  Pueblo  for  the  hospitable  invitation 
extended  to  us,  and  that  the  President  be  instructed  to  say  in 
reply  that  in  the  opinion  of  the  Convention,  in  view  of  the  condi- 
tion of  our  labors  here,  we  ought  not  to  accept  the  invitation. 

And  the  question  being  upon  the  motion  of  Mr.  Wells  to 
adopt  the  above  resolution,  and  being  put  and  a  division  being 
called,  it  was  decided  in  the  affirmative.  Ayes,  12;  noes,  8. 

So  the  Convention  adopted  the  resolution  offered  by  Mr. 
Wells. 

Mr.  Wells,  chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, presented  the  following  report : 

Denver,  March  11,  1876. 
To  the  President  and  Members  of  the  Constitutional  Convention  : 

Your  Committee  upon  Revisions  and  Adjustments,  to  whom 
was  recommitted  the  article  upon  Officers  and  Oaths  of  Office, 
and  section  27  of  the  article  on  Legislature  and  Legislation,  in 
that  part  thereof  entitled  Legislation,  respectfully  recommend 
the  following  changes : 

Strike  out  section  27  aforesaid,  and  insert  in  lieu  thereof 
section  7  as  heretofore  reported  of  the  article  on  Officers  and 
Oath  of  Office. 


t  ONSTITI   TIoNAI.    CONVENTION.  567 

In  the  sixili  section  of  tli<>  article  on  ( )H'n •<  TS  ;ui(l  Oath  of 
(Mlice  insert  in  tin'  first  line,  after  the  words  ''any  civil  officer," 
the  words  "or  member  of  the  <  inn-nil  Assembly." 

In  tin'  article  on  Legislature,  etc..  strike  out  the  sub-title 
"l.<  tuisl;ii  ion."  and  IMIIII|M  r  tin-  section  following  that  title  con- 
secutively with  those  preceding. 

Also,  that  section  !)  of  the  pan  of  the  article  upon  Legislature 
and  Legislation,  in  that  part  bearing  the  title  "Legislation,"  be 
stricken  out  where  it  occurs  and  carried  to  the  article  on  Corpora- 
tions. 

On  motion  of  Mr.  (^uillian,  the  recoinendations  of  the  Com- 
mittee on  Revisions  and  Adjustments  were  approved  by  the  Con- 
vention and  the  committee  were  instructed  to  make  the  altera- 
tions named. 

Messrs.  Barela,  Clark,  Crosby,  Webster  and  White  appeared 
and  took  their  seats. 

Mr.  Bromwell,  of  the  Committee  on  Revisions  and  Adjust- 
ments, submitted  the  report  of  that  committee  on  sections  8  and  9 
of  the  article  on  Officers  and  Oath  of  Office,  as  follows : 

Denver,  March  4,  1876. 
To  the  Honorable  President  and   Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Revisions,  etc.,  to  whom 
was  recommitted  sections  8  and  9  of  the  article  on  Officers  and 
Oath  of  Office,  respectfully  report  the  following  amendments  to 
said  sections : 

Set-,  s.  Every  member  of  the  General  Assembly  shall,  before 
he  enters  upon  his  official  duties,  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States  and  of  the  State  of 
Colorado,  and  to  faithfully  perform  the  duties  of  his  office  ac- 
cording to  the  best  of  his  ability.  This  oath  or  affirmation  shall 
be  administered  in  the  hall  of  the  house  to  which  the  member 
shall  have  been  elected. 

Sec.  9.  Every  civil  officer,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  l>e  by  law  exempted, 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  or  affirmation  to  support  the  Constitution  of  the 
Tinted  States  and  of  the  State  of  Colorado,  and  to  faithfully 
perform  the  duties  of  the  office  upon  which  he  shall  be  about  to 
enter. 

E.  T.  WELLS, 

H.  P.  H.  BROMWELL, 

W.  F.  STONE, 

WM.  LEE, 

B.  L.  CARR, 

Committee. 

On  motion  of  Mr.  Kennedy,  sections  8  and  9  of  the  article  on 
Officers  and  Oath  of  Office,  as  revised  and  reported  by  the  Com 


568  PROCEEDINGS    OF    THE 

mittee   on   Revisions   and   Adjustments,   were  approved   by   the 
Convention. 

And  so  the  Convention  approved  the  article  on  Officers  and 
Oath  of  Office,  in  the  words  following: 

ARTICLE. 
OFFICERS  AND  OATH  OF  OFFICE. 

Section  1.  Every  person  holding  any  civil  office  under  the 
State,  or  any  municipality  therein,  shall,  unless  removed  accord- 
ing to  law,  exercise  the  duties  of  such  office  until  his  successor  is 
duly  qualified,  but  the  General  Assembly  may  by  law  provide  for 
suspending  any  officer  in  his  functions  pending  impeachments  or 
prosecutions  for  misconduct  in  office.  This  section  shall  not 
apply  to  members  of  the  General  Assembly  nor  to  members  of  any 
board  or  assembly,  two  or  more  of  whom  are  elected  at  the  same 
time. 

Sec.  2.  No  person  shall  hold  any  office  or  employment  of 
trust  or  profit  under  the  laws  of  the  State  or  any  ordinance  of 
any  municipality  therein  without  devoting  his  personal  attention 
to  the  duties  of  the  same. 

Sec.  3.  No  person  who  is  now,  or  hereafter  may  become,  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de- 
faulter in  his  office,  shall  be  eligible  to  or  assume  the  duties  of  any 
office  of  trust  or  profit  in  this  State  under  the  laws  thereof,  or  of 
any  municipality  therein,  until  he  shall  have  accounted  for  and 
paid  over  all  public  moneys  for  which  he  may  be  accountable. 

Sec.  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury,  solicitation  of  bribery,  or  subor- 
nation of  perjury,  shall  be  eligible  to  the  General  Assembly,  or 
capable  of  holding  any  office  of  trust  or  profit  in  this  State. 

Sec.  5.  The  District  Court  of  each  county  shall,  at  each 
term  thereof,  specially  give  in  charge  to  the  grand  jury,  if  there  be 
one,  the  laws  regulating  the  accountability  of  the  county  treas- 
urer, and  shall  appoint  a  committee  of  such  grand  jury  or  of 
other  reputable  persons,  not  exceding  five,  to  investigate  the 
official  acounts  and  affairs  of  the  treasurer  of  such  county,  and 
report  to  the  court  the  condition  thereof.  The  judge  of  the  Dis- 
trict Court  may  appoint  a  like  committee  in  vacation,  at  any  time, 
but  not  oftener  than  once  in  every  three  months. 

The  District  Court  of  the  county  wherein  the  seat  of  govern- 
ment may  be  shall  have  the  like  power  to  appoint  committees  to 
investigate  the  official  accounts  and  affairs  of  the  State  Treasurer 
and  the  Auditor  of  State. 

Sec.  6.  Any  civil  officer  or  member  of  the  General  Assembly 
who  shall  solicit,  demand,  receive  or  consent  to  receive,  directly 
or  indirectly,  for  himself  or  for  another,  from  any  company,  cor- 
poration or  person,  any  money,  office,  appointment,  employment. 


CONSTITUTIONAL   CONTENTION.  •"">''»'.) 

t«  stimonial.  reward,  thing  nf  value  or  en  j<>\  ment,  or  of  personal 
advantage,  or  promise  thereof,  for  his  vote,  official  influence  or 
action,  or  for  \\  i i h hold ing  the  same,  op  with  an  understanding 
that  his  ollirial  influence  or  action  shall  he  in  any  way  influenced 
thereby,  nr  whn  shall  solicit  or  demand  any  such  money  or  advan- 
tage, matter  or  tiling  aforesaid  for  another,  as  the  consideration 
of  his  vote,  official  intluence  or  action,  or  for  withholding  the 
same,  or  shall  give  or  withhold  his  vote.  oHieial  influence  or 
action  in  consideration  of  the4  payment  or  promise  of  such  money, 
advantage,  matter  or  tiling  to  another,  shall  be  held  guilty  of 
bribery  or  solicitation  of  bribery,  as  the  case  may  be,  within  the 
meaning  of  this  Constitution,  and  shall  incur  the  disabilities 
provided  thereby  for  such  offense,  and  such  additional  punish- 
ment as  is  or  shall  be  prescribed  by  lawr. 

Sec.  7.  If  any  person  elected  to  either  house  of  the  General 
Assembly  shall  offer  or  promise  to  give  his  vote  or  influence  in 
favor  of  or  against  any  measure  or  proposition  pending  or  pro- 
posed to  be  introduced  in  the  General  Assembly,  in  consideration 
or  upon  condition  that  any  other  person  elected  to  the  same  Gen- 
eral Assembly  will  give  or  will  promise  to  assent  to  give  his  vote 
or  influence  in  favor  of  or  against  any  other  measure  or  proposi- 
tion pending  or  proposed  to  be  introduced  in  such  General  As- 
sembly, the  person  making  such  offer  or  promise  shall  be  deemed 
guilty  of  solicitation  of  bribery.  If  any  member  of  the  General 
Assembly  shall  give  his  vote  or  influence  for  or  against  any 
measure  or  proposition  pending  in  such  General  Assembly,  or 
offer,  promise  or  assent  so  to  do,  upon  condition  that  any  other 
member  will  give  or  will  promise  or  assent  to  give  his  vote  or 
influence  in  favor  of  or  against  any  other  measure  or  proposition 
pending  or  proposed  to  be  introduced  in  such  General  Assembly, 
or  in  consideration  that  any  other  member  hath  given  his  vote 
or  influence  for  or  against  any  other  measure  or  proposition  in 
such  General  Assembly,  he  shall  be  deemed  guilty  of  bribery,  and 
any  member  of  the  General  Assembly  or  person  elected  thereto 
who  shall  be  guilty  of  either  of  such  offienses  shall  be  expelled 
and  shall  not  be  thereafter  eligible  to  the  same  General  Assem- 
bly; and  on  conviction  thereof  in  the  civil  courts  shall  be  liable 
to  such  further  penalty  as  may  be  prescribed  by  law. 

Sec.  8.  Every  member  of  the  General  Assembly  shall,  before 
he  enters  upon  his  official  duties,  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States  and  of  the  State  of 
Colorado,  and  to  faithfully  perform  the  duties  of  his  office,  ac- 
cording to  the  best  of  his  ability.  This  oath  or  affirmation  shall 
be  administered  in  the  hall  of  the  house  to  which  the  member 
shall  have  been  elected. 

Sec.  9.  Every  civil  officer,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States  and  of  the  State  of  Colorado,  and  to  faithfully 


570  PROCEEDINGS    OF    THE 

perform  the  duties  of  the  office  upon  which  he  shall  be  about  to 
enter. 

Sec.  10.  Officers  of  the  Executive  department  and  judges  of 
the  Supreme  and  District  Courts  and  district  attorneys  shall 
file  their  oaths  of  office  with  the  Secretary  of  State.  Every  other 
officer  shall  file  his  oath  of  office  with  the  county  clerk  of  the 
county  wherein  he  shall  have  been  elected. 

On  motion  of  Mr.  Wells,  the  article  on  Officers  and  Oath  of 
Office  was  recommitted  to  the  Committee  on  Revisions  and  Ad- 
justments for  adjustment,  and  the  Secretary  was  instructed  to 
furnish  the  Committee  on  Engrossing  and  Enrolling  with  a  copy 
for  enrollment. 

Mr.  Webster,  chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  articles  entitled  "Counties," 
"Public  and  Private  Corporations"  and  "Rights  of  Suffrage  and 
Election,"  and  the  reports  of  Standing  Committee  on  "Schedule" 
and  "Miscellaneous  Subjects,"  as  correctly  printed. 

There  being  no  objection,  the  reports  were  received  and  filed 
by  the  Secretary. 

Mr.  Wells  moved  that  the  Committee  on  Revisions  and  Ad- 
justments be  authorized  to  print  their  report  on  the  article  en- 
titled Judicial  Department,  before  the  same  is  presented  to  the 
Convention,  which  was  agreed  to. 

Mr.  Hurd,  chairman -of  the  Committee  on  Education  and 
Educational  Institutions,  submitted  the  following  report : 

Denver,  March  4,  1876. 
To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention : 

Gentlemen — Your  Committee  on  Education  and  Educational 
Institutions,  to  whom  was  referred  the  resolution  of  Mr.  Pease 
in  regard  to  sectarian  instruction  in  the  public  schools,  beg  leave 
to  report  that  they  have  had  the  same  under  consideration,  and, 
in  obedience  to  the  instructions  therein,  beg  leave  to  submit  the 
following : 

"Insert  additional  section  in  the  words  following,  to  wit : 

"No  sectarian  tenets  or  doctrines  shall  ever  be  taught  in  the 
public  schools." 

All  of  which  is  respectfully  submitted. 

D.  HURD, 

Chairman. 

Mr.  Carr  moved  that  the  report  be  received  and  accepted. 

And  the  question  being  upon  the  motion  of  Mr.  Carr  to  re- 
ceive and  adopt  the  report,  and  being  put,  it  was  decided  in  the 
affirmative.  Ayes,  16;  noes,  8. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are — Messrs.  Beck,  Carr,  Cushman,  Clark,  Crosby,  Ellsworth, 


CONSTITUTIONAL  CONVENTION.  ~>  t  \ 

Kid.  i.  Kheri,  Felton.  Kennedy.  Plumb.  Pease.  Webster.  Widder- 
field.  Ynuiii.  Mr.  President. 

Those  voting  in  tin*  negative  are  Messrs.  C,,o|  er.  |)n:i»-|as. 
Iluid.  (.Juillian.  Stover.  Thatcher.  Vigil.  Wheeler. 

So  I!H'  Convention  adopted  the  additional  section  to  the 
article  mi  Kducation  and  Educational  Insiiiui  inns  as  reported 
by  the  committee. 

On  nmiinn  of  Mr.  Kelton.  the  section  ju<t  adopted  was  re- 
ferred in  the  Committee  on  Revisions  and  Adjustments,  with  in- 
structions to  insert  the  same  in  the  article  on  Education  and 
Educational  Institnt  ions. 

Mr.  Webster,  of  the  Committee  on  Printing,  submitted  the 
report  of  that  committee  on  the  cost  of  printing  the  address  in 
the  people  and  the  Constitution  in  English,  Spanish  and  German  : 

To  the  Honorable  President  and  Constitutional  Convention   of 

Colorado : 

< 'tent  lemeii — Your  Committee  on  Printing,  who  were  in- 
structed by  resolution  to  inquire  into  and  report  the  expense  of 
publishing  the  Constitution  in  the  English,  German  and  Spanish 
language,  beg  leave  to  state  that  they  have  received  sundry  pro- 
posals therefor  and  herewith  submit  said  proposals  for  the  con- 
sideration of  this  Convention. 

Respectfully  submitted, 

W.   W.   WEBSTER, 

For  the  Committee. 
Times — 

5,000  copies,  32  pages $28(1.00 

Per  page  extra  (over  32)  in  multiples  of  8  pages,  $9.00 
page. 

10,000  copies,  32-  pages 480.00 

Per  page  extra    (over  32)    in   multiples  of  8  pages, 
$15.00  per  page. 

20,000  copies,  32  pages 850.00 

Per  page  extra    (over  32)    in  multiples  of  8  pages, 
$28.00  per  page. 

Denver,  Colorado,  February  18,  187(1. 

Hon.  John   S.    Hough.  Chairman   Committee  on  Printing,  Con- 
stitutional Convention: 

Dear  Sir — In  reply  to  your  request  I  submit  the  following 
proposal  for  publishing  the  Constitution  of  the  Territory  in 
pamphlet  form : 

No.  2  book  paper;  small  pica  type;  first  class  work  : 

For  32  pages,    r>,(HI<»  copies:  English.  $225;  Spanish,  $275. 

For  32  pages,  10,000  copies:  English,  $425;  Spanish,  $5(>n. 

For  32  pages,  15,000  copies:  English,  $625;  Spanish,  $750. 

For  32  pages.  I'ojxin  copies:  English.  SSLT,  ;  Spanish,  $950. 


572  PROCEEDINGS    OF    THE 

For  48  pages,    5,000  copies :  English,  f 375 ;  Spanish,  $375. 
For  48  pages,  10,000  copies :  English,  $600 ;  Spanish,  $700. 
For  48  pages,  15,000  copies :  English,  $700 ;  Spanish,  $850. 
For  48  pages,  20,000  copies,  English,  $1,275 ;  Spanish,  $1,450. 
This  does  not  contemplate  the  translation  by  me  of  the  laws 
into  Spanish. 

Very  respectfully,  etc., 

'  W.   N.   BYERS,  Olney. 
Denver,  Colorado,  March  3,  1876. 
Hon.  Jno.  S.  Hough,  Chairman  Printing  Committee: 

I  will  print  you  10,000  copies  of  the  Constitution,  32  pages, 
small  pica  type,  good  book  paper,  for  $400.  I  will  print  20,000 
copies  for  $800.  I  will  also  furnish  you  2,000  copies  of  the  Con- 
stitution in  Spanish,  32  pages,  small  pica  type,  for  $165.  This 
latter  proposal  does  not  include  translating  the  .Constitution 
into  Spanish.  Should  the  Constitution  make  more  than  32  pages, 
the  price  will  be  in  proportion. 

Very  respectfully, 

HERMAN  BECKURTS. 
Denver,  Colo.,  March  1,  1876. 

Estimated  cost  of  printing  the  Constitution  in  the  German 
language : 

For  printing  one  thousand  copies  (32  pages),  in  bourgeois 
type,  on  good  paper,  including  cover  and  binding,  $112.00. 

For  each  additional  thousand,  $50.00.  For  translating,  one 
($1.00)  dollar  per  page. 

W.  WILLERBORG. 

Denver,  February  29,  1876. 

To  the  Honorable  Chairman  of  the  Committee  on  Printing,  of 
the  Constitutional  Convention  : 

Sir — Having  taken  into  consideration  the  matter  of  trans- 
lating the  Constitution  of  Colorado  into  the  Spanish  language, 
beg  leave  to  report  that  on  account  of  there  being  no  Spanish 
printer  in  the  city  an  immense  amount  of  labor  and  waste  of 
time  is  occasioned  to  the  translators  after  their  literary  work  is 
done,  and  therefore  we  consider  that  to  make  a  correct  and  credi- 
table translation  of  the  State  paper  in  contemplation,  to  attend 
to  the  proofreading  and  revisions  of  the  same  in  a  proper  manner, 
can  not  be  done  at  a  price  of  less  than  $2  per  page. 

Very  respectfully, 

C.    DOMINGUEZ, 
A.  R.  DYER. 

On  motion  of  Mr.  Webster,  the  report  was  received  and  laid 
upon  the  table  for  future  consideration. 


CONSTITUTIONAL   <  <  ».\  \ i:.\Tlo.\.  .".To 

Mr.  Clark  moved  to  reconsider  Ilic  \(»te  by  \\lm-h  section  17 
of  the  article  on  Induration  and  Kdm-ai  ioiial  Institutions  was 

adopted. 

And  tin*  <|ii»'stion  hein«:  upon  llic  motion  of  .Mr.  Clark  to 
reconsider,  and  being  put,  it  resulted  in  a  tie  vote.  Ayes,  !."»; 
noes.  15. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
allirmative  are  Messrs.  IJeck,  Carr.  Clark,  Crosby.  Dnii»la>. 
Kllsworth.  KIder.  Felton,  Kennedy,  Lee,  Quillian,  Thatcher. 
White,  Wells,  Wilson. 

Those  voting  in  the  negative  are — Messrs.  Barela,  Bromwell. 
Cushnian,  Cooper,  (Jarcia,  Kurd,  James,  Pease,  Stone,  Stover, 
Vigil,  Webster,  Wheeler,  Widderfield,  Yount. 

So  the  Convention  infused  to  concur  in  the  motion  of  Mr. 
Clark  to  reconsider. 

On  motion  of  Mr.  Beck,  the  report  of  the  Standing  Committee 
on  Miscellaneous  Subjects  was  taken  from  the  table. 

On  motion  of  Mr.  Pease,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  report  of  the  Committee 
on  Miscellaneous  Subjects,  Mr.  Clark  in  the  chair,  and  after  some 
time  spent  therein  the  President  resumed  the  chair  and  Mr.  Clark 
reported  that  the  Committee  of  the  Whole  Convention,  to  whom 
was  referred  the  report  of  the  Standing  Committee  on  Miscel- 
laneous Subjects,  having,  according  to  orders,  had  under  con- 
sideration said  report,  had  made  some  progress  therein  and  asked 
leave  to  sit  again. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  leave 
granted  to  sit  again. 

On  motion  of  Mr.  Plumb,  the  Convention  adjourned  until 
2  o'clock  this  afternoon. 

TWO  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called.  Absent — Messrs.  Barela,  Boyles,  Bromwell,  Beck, 
Crosby,  Hough,  Head,  Kennedy,  Marsh.  Meyer,  Quillian,  Webster, 
Wells  and  Wilcox. 

Mr.  Cair  asked  leave  of  absence  for  Mr.  Beck  until  Tuesday, 
which  was  granted. 

Mr.  Thatcher  asked  for  leave  of  absence  for  himself  and  Mr. 
Stone  until  Wednesday,  which  was  granted. 

Mr.  White  asked  for  leave  of  absence  until  Tuesday,  which 
was  granted. 

Mr.  Vigil  asked  for  leave  of  absence  during  the  remainder  of 
the  session  of  the  Convention,  which  was  granted. 

On  motion  of  Mr.  Felton,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  further  ronsider  the  report  of  the 
Standing  Committee  on  Miscellaneous  Subjects,  Mr.  Clark  in  the 


574  PROCEEDINGS    OF    THE 

chair,  and  after  some  time  spent  therein  the  President  resumed 
the  chair  and  Mr.  Clark  submitted  the  following  report: 

Denver,    March   4,   1876. 
To  the  Honorable   President  and   Constitutional   Convention  of 

Colorado  : 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Miscellaneous  Subjects,  having,  according  to  order,  had  under 
consideration  said  report,  have  directed  me  to  report  the  same 
back  to  the  Convention  with  sundry  amendments  thereto,  and 
ask  the  concurrence  of  the  Convention  therein,  in  the  words  fol- 
lowing, viz.  WM<  M.  CLARK, 

Chairman  of  the  Committee  of  the  Whole. 

MISCELLANEOUS. 

Section  1.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers  the  General  As- 
sembly shall  by  law  classify  the  several  counties  of  the  State  ac- 
cording to  population  and  grade,  and  fix  the  compensation  of  the 
officers  within  the  respective  classes  according  to  the  population 
thereof.  Said  law  shall  establish  scales  of  fees  to  be  charged  and 
collected  by  such  of  the  county  and  precinct  officers  as  may  be 
designated  therein,  for  services  to  be  performed  by  them,  respec- 
tively, and  where  salaries  are  provided  the  same  shall  be  payable 
only  out  of  the  fees  actually  collected  in  all  cases  where  fees  are 
prescribed.  All  fees,  perquisites  and  emoluments  above  the 
amount  of  such  salaries  shall  be  paid  into  the  county  treasury. 

Sec.  2.  No  law  shall  be  passed  which  will  operate  to  extend 
the  term  of  any  public  officer  after  his  election  or  appointment, 
except  as  in  this  Constitution  otherwise  provided. 

Sec.  3.  The  General  Assembly  shall  pass  liberal  homestead 
and  exemption  laws. 

S-ec.  4.  The  General  Assembly  shall  have  no  power  to  author- 
ize lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass 
laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in 
this  State. 

Sec.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
such  laws  as  shall  be  necessary  and  proper  to  decide  differences 
by  arbitration,  to  be  approved  by  the  parties  who  may  choose 
that  summary  mode  of  adjustment,  such  arbitrators  to  have  the 
powers  and  duties  that  may  be  prescribed  by  law. 

Sec.  6.  The  term  "felony"  wherever  it  may  occur  in  this 
Constitution  or  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offense  punishable  by  death  or  imprisonment  in  the 
penitentiary,  and  none  other. 

Sec.  7.  Persons  elected  or  appointed  to  fill  a  vacancy  occur- 
ring in  any  office  shall  serve  only  for  the  unexpired  term  of  the 
office  to  which  he  is  elected  or  appointed. 


CONSTITUTIONAL    CONVBN1  ION.  .",,." 

Sec.  S.  \d  |  crsoli  \vlin  shall  hereafh  r  tight  a  duel  or  assist  ill 
the  same  as  ;i  second,  or  send,  accept  or  k  !lo\\  i  n»l  V  carry  :i  chal- 
lenge iln  refor,  or  agree  to  go  out  nl'  Mils  Slate  tn  tight  ;i  dm  I. 
shall  hold  any  oll'ice  in  lliis  Slate. 

Un  motion  of  Mr.  Felton.  the  report  was  received  and  laid 
upon  the  table  for  future  consideration. 

On    motion    of   Mr.    Webster,    the    Convention    resolved    itself 
into  Commit  it  e  of  the  Whole  to  consider  the  report  of  the  Stand 
in»;  <  'ominii  t<  e  on  Schedule,  Mr.  Kennedy  in  the  chair,  and  after 
some  time  spent  therein  the  President  resumed  the  chair  and  Mr. 
Kennedy  submitted  the  following  report  : 

Denver,  March  4.  1S7<I. 

To  the  Honorable   President  and  Constitutional   Convention   of 
Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
s(  hedule,  having,  according  to  order,  had  under  consideration 
said  report,  have  directed  me  to  report  the  same  back  with  an 
amendment  thereto,  and  ask  the  concurrence  of  the  Convention 
therein,  in  the  words  following: 

WM.  R.  KENNEDY. 

Chairman. 
ARTICLE  — . 

SCHEDULE, 

That  no  inconvenience  may  arise  by  reason  of  the  change 
from  a  Territorial  form  of  government  to  that  of  a  permanent 
State  government,  it  is  hereby  ordained  and  declared : 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  shall  remain  in  full  force 
until  they  expire  by  their  own  limitation  or  are  altered  or  re- 
pealed by  the  General  Assembly,  and  all  rights,  actions,  prosecu- 
tions, claims  and  contracts  of  the  Territory  of  Colorado,  com- 
mittees, individuals  or  bodies  corporate  (not  inconsistent  there- 
with), shall  continue  as  if  the  form  of  government  had  not  been 
changed  and  this  Constitution  adopted. 

S-ec.  '2.  That  all  recognizances,  obligations  and  all  other 
instruments  entered  into  or  executed  before  the  admission  of  the 
State,  to  the  Territory  of  Colorado  or  to  any  suodivision  then  of. 
or  any  municipality  therein,  and  all  fines,  taxes,  penalties  and 
forfeitures  due  or  owing  to  the  Territory  of  Colorado  or  any  such 
subdivisions  or  municipality,  and  all  writs,  prosecutions,  actions 
and  causes  of  action,  except  as  herein  otherwise  provided,  shall 
continue  and  remain  unaffected  by  the  change  of  the  form  of 
government.  All  indictments  which  have  been  found  or  may 
hereafter  be  found,  and  all  informations  which  shall  have  bet  n 
filed  or  may  hereafter  be  filed,  for  any  crime  or  offense  committed 
before  this  Constitution  takes  effect  may  be  proceeded  upon  as  if 


57G  PROCEEDINGS    OF    THE 

no  change  had  taken  place,  except  as  otherwise  provided  in  this 
Constitution. 

Sec.  3.  That  all  property,  real  and  personal,  and  all  moneys, 
credits,  claims  and  choses  in  action  belonging  to  the  Territory 
of  Colorado  at  the  adoption  of  this  Constitution  shall  be  vested 
in  and  become  the  property  of  the  State  of  Colorado. 

Sec.  4.  The  General  Assembly  shall  pass  all  laws  necessary 
to  carry  into  effect  the  provisions  of  this  Constitution. 

Sec.  5.  The  Supreme  and  District  Courts  existing  in  this 
Territory  at  the  time  of  the  adoption  of  this  Constitution  shall, 
until  superseded  under  its  provisions,  continue  with  like  powers 
and  jurisdiction  and  in  the  exercise  thereof,  both  at  law  and  in 
equity,  in  all  respects  as  if  this  Constitution  had  not  beer, 
adopted ;  and  when  said1  courts  shall  be  so  superseded  all  causes 
then  pending  in  said  courts,  and  the  books,  papers,  records  and 
proceedings  thereof,  shall  pass  into  the  jurisdiction  of  the  Su- 
preme and  District  Courts  created  by  this  Constitution. 

S<ec.  6.  The  terms  of  office  of  the  several  judges  of  the  Su- 
preme and  District  Courts  and  the  district  attorneys  of  the  sev- 
eral districts  first  elected  under  this  Constitution  shall  commence 
from  the  day  of  filing  their  respective  oaths  of  office  in  the  office 
of  the  Secretary  of  State.. 

Sec.  7.  Until  otherwise  provided  by  law,  the  seals  now  in 
use  in  the  Supreme  and  District  Courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  Supreme  and  District 
Courts,  respectively,  of  the  State. 

Sec.  8.  The  books,  records  and  proceedings  of  the  several 
probate  courts,  and  all  cases  and  matters  of  administration 
pending  therein,  shall  be  transferred  to  and  remain  in  the  custody 
of  the  County  Courts,  and  proceed  to  final  decree,  judgment,  or- 
der or  other  determination ;  and,  until  the  election  of  the  county 
judges  provided  for  in  this  Constitution,  the  probate  judges  shall 
act  as  judges  of  the  County  Courts,  and  the  seal  of  the  probate 
courts  shall  be  the  seal  of  the  County  Courts  until  the  County 
Courts  shall  have  procured  proper  seals. 

Sec.  9.  It  is  hereby  declared  that  wherever  the  words  Pro- 
bate Court  or  probate  judge  occurs  in  the  Statutes  of  Colorado, 
they  shall  be  construed  to  mean  County  Court  or  county  judge, 
and  all  laws  specially  applicable  to  the  Probate  Court  shall  be 
construed  to  apply  to  and  be  in  force  as  to  the  County  Court 
until  repealed. 

Sec.  10.  All  county  and  precinct  officers  who  may  be  in  office 
at  the  time  of  the  adoption  of  this  Constitution  shall  hold  their 
respective  offices  for  the  full  time  for  which  they  may  have  been 
elected,  and  until  such  time  as  their  successors  may  be  elected 
and  qualified,  in  accordance  with  the  provisions  of  this  Constitu- 
tion, and  the  official  bonds  of  all  such  officers  shall  continue  in 
full  force  and  effect  as  though  this  Constitution  had  not  been 
adopted. 


m.NSTITI   TION.M,    CON VfeNTIOJi .  ~nl 

Sec.  11.  All  COMMIX  ollices,  except  enmity  commissioner,  I  ha t 
m;iy  become  vacant  during  the  year  A.  D.  1876  by  the  expiration 
of  i lie  term  of  the  persons  elected  to  said  offices,  slmll  he  filled  at 
i he  »vnrral  election  on  the  first  Tuesday  in  October,  A.  D.  1876, 
mid  the  persons  so  elected  shall  hold  their  respective  offices  for 
the  term  of  one  year. 

On  motion  of  Mr.  Webster,  the  report  was  received  and 
laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  White,  the  report  of  the  Committee  of  the 
Whole  on  the  article  on  Miscellaneous  Subjects  was  taken  from 
the  table. 

Mr.  Kennedy  moved  that  the  article  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section  1 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred  in 
the  amendment  to  section  2  as  reported  by  the  Committee  of  the 
Whole,  viz.:  To  add  to  the  section  the  words  "except  as  in  this 
Constitution  otherwise  provided." 

On  motion  of  Mr.  Douglas,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Wheeler  moved  the  adoption  of  section  3  as  reported  by 
the  Committee  of  the  Whole. 

And  the  question  being  upon  the  motion  of  Mr.  Wrheeler  to 
adopt  section  3,  and  being  put,  it  was  decided  in  the  affirmative. 
Ayes,  15;  noes,  7. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma 
tive  are — Messrs.  Clark,  Cooper,  Crosby,  Ellsworth,  Elder,  Ebert, 
Felton,  Garcia,  James,  Kennedy,  Pease,  Quillian,  Vigil,  Wheeler, 
Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Douglas,  Hurd, 
Plumb,  Stover,  Webster,  White,  Widderfield. 

So  the  Convention  adopted  section  3  as  reported  by  the  Com- 
mittee of  the  W'hole. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Kennedy,  the  Convention  concurred  in  the 
recommendation  of  the  Committee  of  the  Whole  to  strike  out 
section  5,  as  reported  by  the  Standing  Committee  on  Miscellaneous 
Subjects,  and  insert  in  lieu  a  substitute  therefor. 

On  motion  of  Mr.  Carr,  the  Convention  amended  section  5  by 
striking  out  the  word  "as"  after  the  word  "duties,"  and  inserting 
in  lieu  thereof  the  word  "that." 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
5  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

19 


578  PROCEEDINGS    OF    THE 

Mr.  Pease  moved  to  amend  section  6  by  striking  out  the 
word  "include"  and  inserting  in  lieu  the  word  "mean;"  also,  to 
strike  out  the  words  "and  no  others,"  at  the  end  of  the  section. 

Mr.  Carr  called  for  a  division  of  the  question. 

And  the  question  being,  "Will  the  Convention  strike  out  the 
word  'include'  and  insert  the  word  'mean'?",  and  being  put,  and  a 
division  called,  it  was  decided  in  the  affirmative.  Ayes,  13; 
noes,  9. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Pease  to 
strike  out  the  word  "include." 

Mr.  Bromwell  moved  to  amend  section  6  by  inserting  the 
word  "signify"  in  lieu  of  the  word  "include,"  stricken  out,  which 
was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Bromwell. 

Mr.  White  moved  to  amend  the  amendment  offered  by  Mr. 
Pease,  by  inserting  the  words  "only  such,"  after  the  word 
"mean." 

Mr.  Bromwell  moved  to  amend  section  6  by  inserting  after 
the  word  "mean"  the  word  "any ;"  also,  by  striking  out  the  word 
"offenses"  and  inserting  in  lieu  thereof  the  word  "offense;"  also, 
by  striking  out  the  words  "and  no  others"  and  inserting  in  lieu 
thereof  the  words  "and  none  other,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell. 

The  question  being  on  the  amendment  offered  by  Mr.  White, 
and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  White. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 

6  as  reported  by  the  Committee  of  the  Wliole,  as  amended. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 

7  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  8 
as  reported  by  the  Committee  of  the  Whole. 

So  the  Convention  adopted  the  article  on  Miscellaneous  Sub- 
jects, in  the  words  following : 

ARTICLE. 
MISCELLANEOUS. 

Section  1.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers,  the  General 
Assembly  shall  by  law  classify  the  several  counties  of  the  State 
according  to  population  and  grade,  and  fix  the  compensation  of 
the  officers  within  their  respective  classes  according  to  the  popu- 
lation thereof.  Said  law  shall  establish  scales  of  fees  to  be 
charged  and  collected  by  such  of  the  county  and  precinct  officers 


\si  n  i  -i  ION  A  i.   CONVENTION.  ."» t  f> 

as  may  be  designated  therein,  for  services  i<>  be  performed  by 
them.  respectively,  and  where  salaries  are  provided,  the  same 
shall  be  payable  only  nut  of  I  he  fees  actually  collected  in  all 
cases  where  fees  an  pres< -rihed.  All  l'<  es,  perquisites  and  emolu- 
ments above  the  amount  of  such  salaries  shall  be  paid  into  the 
enmity  treasury. 

See.  2.  No  law  shall  be  passed  which  will  operate  to  extend 
the  term  of  any  public  officer  after  his  election  or  appointment, 
except  as  in  this  <  'onstitutinn  otherwise  provided. 

Sec.  3.  The  General  Assembly  shall  pass  liberal  homestead 
and  exemption  laws. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to  author- 
ize lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass 
laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in 
this  State. 

Sec.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
such  laws  as  shall  be  necessary  and  proper  to  decide  differences 
by  arbitrators  to  be  appointed  by  the  parties  who  may  choose 
that  summary  mode  of  adjustment;  such  arbitrators  to  have  the 
power  and  duties  that  may  be  prescribed  by  law.  . 

Sec.  6.  The  term  "felony,"  wherever  it  may  occur  in  this 
Constitution  or  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offense  punishable  by  death  or  imprisonment  in  the 
penitentiary,  and  none  other. 

Sec.  7.  Persons  [any  person]  elected  or  appointed  to  fill  a 
vacancy  occurring  in  any  office  shall  serve  only  for  the  unexpired 
term  of  the  office  to  which  he  is  elected  or  appointed. 

See.  8.  No  person  who  shall  hereafter  fight  a  duel  or  assist 
in  the  same  as  a  second,  or  send,  accept  or  knowingly  carry  a 
challenge  therefor,  or  agree  to  go  out  of  this  State  to  fight  a  duel, 
shall  hold  any  office  in  this  State. 

On  motion  of  Mr.  Kennedy,  the  article  on  Miscellaneous  Sub- 
jects, as  adopted  by  the  Convention,  was  ordered  engrossed  and 
referred  to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on  Re- 
visions and  Adjustments  on  the  article  on  Counties  was  taken 
from  the  table  and  considered  by  sections. 

Sections  1  and  2,  as  revised  by  the  committee,  were  approved 
by  the  Convention. 

Section  3  remains  unchanged. 

Sections  4,  5  and  fi.  as  revised  by  the  committee,  were  ap- 
proved by  the  Convention. 

Section  7  remains  unchanged. 

Section  8,  as  revised  by  the  committee,  was  approved  by  the 
Convention. 

On  motion  of  Mr.  Wells,  section  9  (except  the  last  sentence), 
as  revised  by  the  committee,  was  approved  by  the  Convention. 


580  PROCEEDINGS    OF    THE 

Sections  10,  11,  12,  13  and  14,  as  revised  by  the  committee, 
were  approved  by  the  Convention. 

So  the  Convention  approved  the  article  on  "Counties."  in  the 
words  following: 

COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colorado 
as  they  now  exist  are  hereby  declared  to  be  the  counties  of  the 
State. 

Sec.  2.  The  General  Assembly  shall  have  no  power  to  re- 
move the  county  seat  of  any  county,  but  the  removal  of  county 
seats  shall  be  provided  for  by  general  law,  and  no  county  seat 
shall  be  removed  unless  a  majority  of  the  qualified  electors  of 
the  county  voting  on  the  proposition  at  a  general  election  vote 
therefor,  and  no  such  proposition  shall  be  submitted  oftener  than 
once  in  four  years,  and  no  person  shall  vote  on  such  proposition 
who  shall  not  have  resided  in  the  county  six  months  and  in  the 
election  precinct  ninety  days  next  preceding  such  election. 

Sec.  3.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county  from 
which  the  territory  is  proposed  to  be  stricken  off,  nor  unless  a 
majority  of  all  the  qualified  voters  of  said  county  voting  on  the 
question  shall  vote  therefor. 

Sec.  4.  In  all  cases  of  the  establishment  of  any  new  county 
the  new  county  shall  be  held  to  pay  its  ratable  proportion  of  all 
then  existing  liabilities  of  the  county  or  counties  from  which  such 
new  county  shall  be  formed. 

Sec.  5.  When  any  part  of  a  county  is  stricken  off  and  at- 
tached to  another  county  the  part  stricken  off  shall  be  held  to 
pay  its  ratable  proportion  of  all  then  existing  liabilities  of  the 
county  from  which  it  is  taken. 

COUNTY  OFFICERS. 

Sec.  6.  In  each  county  there  shall  be  elected,  for  the  term  of 
three  years,  three  county  commissioners,  who  shall  hold  sessions 
for  the  transaction  of  county  business  as  provided  by  law,  any 
two  of  whom  shall  constitute  a  quorum  for  the  transaction  of 
business.  One  of  said  commissioners  shall  be  elected  on  the  first 
Tuesday  in  October,  eighteen  hundred  and  seventy-six,  and  every 
year  thereafter,  and  such  officer  shall  be  elected  in  each  county 
at  the  general  election  for  the  term  of  three  years;  Provided, 
That  when  the  population  of  any  county  shall  exceed  ten  thou- 
sand the  board  of  county  commissioners  may  consist  of  five  mem- 
bers, who  shall  be  elected  as  provided  by  law,  any  three  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business. 

Sec.  7.  The  compensation  of  all  county  officers  shall  be  as 
provided  by  law. 

Sec.  8.  There  shall  be  elected  in  each  county,  on  the  first 
Tuesday  in  October,  in  the  year  eighteen  hundred  and  seventy- 


CONSTITI  TIM.VM.   CONTENTION.  .~iXl 

even  alternate  \eai-  forever  i  hereafter, one  county  clerk, 
who  shall  be  ex  otlirio  recorder  of  deeds  and  clerk  of  the  board 
of  county  commissioners ;  one  sherilV  and  coroner;  one  treasurer, 
who  shall  be  collector  of  taxes:  one  county  superintendent  of 
schools;  one  county  surveyor;  and  one  county  assessor. 

Sec.  !).  In  case  of  a  vacancy  occurring  in  the  office  of  county 
commissioner  the  Governor  shall  fill  the  same  by  appointment, 
and  in  case  of  a  vacancy  in  any  other  county  office  or  in  any  pre- 
cinct ollice  the  hoard  of  county  commissioners  shall  fill  the  same 
l»y  appointment,  and  the  person  appointed  shall  hold  the  office 
until  the  next  general  election,  and  until  his  successor  shall  be 
duly  elected  and  qualified. 

Sec.  10.  No  person  shall  be  eligible  to  any  county  office  un- 
less he  shall  be  a  qualified  elector,  nor  unless  he  shall  have  re- 
sided in  the  county  one  year  preceding  his  election. 

Sec.  11.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen  and  annually  thereafter,  be  elected  in  eacfi 
precinct  one  justice  of  the  peace  and  one  constable,  who  shall 
each  hold  his  office  for  the  term  of  two  years;  Provided,  That  in 
precincts  containing  five  thousand  or  more  inhabitants  the  num- 
ber of  justices  and  constables  may  be  increased  as  provided  by 
law. 

Sec.  12.  The  General  Assembly  shall  provide  for  the  election 
or  appointment  of  such  other  county,  township,  precinct  and 
municipal  officers  as  public  convenience  may  require,  and  their 
terms  of  office  shall  be  as  prescribed  by  law,  not  in  any  case  to 
exceed  two  years. 

Sec.  18.  The  General  Assembly  shall  provide  by  general  laws 
for  the  organization  and  classification  of  cities  and  towns.  The 
number  of  such  classes  shall  not  exceed  four,  and  the  powers  of 
each  class  shall  be  defined  by  general  laws,  so  that  all  municipal 
corporations  of  the  same  class  shall  possess  the  same  powers  and 
be  subject  to  the  same  restriction. 

Sec.  14.  The  General  Assembly  shall  also  make  provision  bj 
general  law  whereby  any  city,  town  or  village  existing  by  virtue 
of  any  special  or  local  law  may  elect  to  become  subject  to  and 
be  governed  by  the  general  law  relating  to  such  corporations. 

On  motion  of  Mr.  Wells,  the  article  on  Counties,  as  ap- 
proved by  the  Convention,  was  recommitted  to  the  Committee  on 
Revisions  and  Adjustments  for  adjustment  in  the  Constitution, 
and  the  Secretary  was  instructed  to  furnish  the  Committee  on 
Engrossing  and  Enrolling  with  a  copy  for  enrollment. 

.Mr.  White  asked  for  leave  of  absence  for  Mr.  Lee  during  the 
remainder  of  the  afternoon's  session,  which,  on  motion  of  Mr. 
Widderfield,  was  granted. 

Mr.  Kennedy  having  asked  for  leave  of  absence  until  Wed- 
nesday next.  Mr.  Quillian  moved  that  leave  be  granted. 


582  PROCEEDINGS    OF    THE 

And  the  question  being  upon  the  motion  of  Mr.  Quillian  to 
grant  leave  of  absence  to  Mr.  Kennedy  until  Wednesday,  and 
being  put,  it  was  decided  in  the  affirmative — ayes,  19 ;  noes,  2. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirm- 
ative are — Messrs.  Bromwell,  Carr,  Clark,  Cooper,  Crosby,  Doug- 
las, Ellsworth,  Elder,  Ebert,  Felton,  Hurd,  Plumb,  Pease,  Quil- 
lian, Stover,  Webster,  White,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Wells,  Wheeler. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Quillian 
to  grant  leave  of  absence  to  Mr.  Kennedy  until  Wednesday  next. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on  Re- 
visions and  Adjustments  on  the  article  on  Public  and  Private 
Corporations  was  taken  from  the  table  and  considered  by  sec- 
tions. 

Sections  1,  2,  3  and  4,  as  revised  by  the  committee,  were 
approved  by  the  Convention. 

Section  5  remains  unchanged. 

Section  6,  as  revised  by  the  committee,  was  approved  by  the 
Convention. 

Sections  10,  11,  12,  13  and  14  remain  unchanged. 

Section  15.  as  revised  by  the  committee,  was  approved  by  .the 
Convention. 

Section  9  of  the  article  on  Legislation  was  inserted  as  sec- 
tion 16. 

On  motion  of  Mr.  Wells,  the  article  on  Public  and  Private 
Corporations  was  laid  upon  the  table  for  future  consideration. 

Mr.  Bromwell  gave  notice  that  he  would  on  Monday  next, 
or  on  some  subsequent  day,  move  that  the  vote  by  which  section 
13  of  the  article  on  Public  and  Private  Corporations  was  adopted 
be  reconsidered. 

On  motion  of  Mr.  Wells,  the  article  on  Eights  of  Suffrage 
and  Elections,  as  reported  by  the  Committee  on  Revisions  and 
Adjustments,  was  taken  from  the  table  and  considered  by  sec- 
tions. 

Sections  1,  2,  3  and  4,  as  revised  by  the  committee,  were 
approved  by  the  Convention. 

Section  5  remains  unchanged. 

Sections  6,  7,  8,  9  and  10,  as  revised  by  the  committee,  were 
approved  by  the  Convention. 

On  motion  of  Mr.  Felton,  the  Committee  on  Revision  and 
Adjustments  was  instructed  to  report  to  the  Convention  a  sub- 
stitute for  section  2  of  the  article  on  Rights  of  Suffrage  and  Elec- 
tions. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, submitted  the  following  report: 


CONSTITUTIONAL    CONVENTION.  583 

Denver,  March  4,  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  Revisions  and  Adjustments,  who  were 
directed  to  report  a  substitute  for  sort  ion  _  of  ihe  article-  on 
Suffrage  and  Elections,  beg  leave  to  report  such  Substitute,  hereto 
attached. 

E.  T.  WELLS. 

Chairman. 

Sec.  2.  The  General  Assembly  shall  at  the  first  session 
thereof,  and  may  at  any  subsequent  session,  enact  laws  to  extend 
the  right  of  suffrage  to  women  of  lawful  age  and  otherwise  qual- 
ified according  to  the  provisions  of  this  article.  No  such  enact- 
ment shall  be  of  effect  until  submitted  to  the  vote  of  the  qualified 
electors  at  a  general  election,  nor  unless  the  same  be  approved  by 
a  majority  of  those  voting  thereon. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  the  sub- 
stitute for  section  2  of  the  article  on  Rights  of  Suffrage  and  Elec- 
tions, as  reported  by  the  Committee  on  Revisions  and  Adjust- 
ments. 

So  the  Convention  approved  the  article  on  Rights  of  Suffrage 
and  Elections,  in  the  words  following : 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  person  over  the  age  of  twenty -one 
years,  possessing  the  following  qualifications,  shall  be  entitled  to 
vote  at  all  elections : 

First — He  shall  be  a  citizen  of  the  United  States,  or,  not  be- 
ing a  citizen  of  the  United  States,  he  shall  have  declared  his  in- 
tention according  to  law  to  become  such  citizen,  not  less  than 
four  months  before  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  State  six  months  im- 
mediately preceding  the  election  at  which  he  offers  to  vote,  and 
in  the  county,  city,  town,  ward  or  precinct  such  time  as  may  be 
prescribed  by  law;  Provided,  That  no  person  shall  be  denied  the 
right  to  vote  at  any  school  district  election  nor  to  hold  any  school 
district  office  on  account  of  sex. 

Sec.  2.  The  General  Assembly  shall  at  the  first  session 
thereof,  and  may  at  any  subsequent  session,  enact  laws  to  extend 
the  right  of  suffrage  to  women  of  lawful  age,  and  otherwise 
qualified  according  to  the  provisions  of  this  article.  No  such 
enactment  shall  be  of  effect  until  submitted  to  the  vote  of  the 
qualified  electors  at  a  general  election,  nor  unless  the  same  be 
approved  by  a  majority  of  those  voting  thereon. 

Sec.  3.  The  General  Assembly  may  prescribe  by  law  an  edu- 
cational qualification  for  electors,  but  no  such  law  shall  take 
effect  prior  to  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety  (1890),  and  no  qualified  elector  shall  be  thereby  dis- 
qualified. 


584  PROCEEDINGS    OF    THE 

Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  office,  no 
person  shall  be  deemed  to  have  gained  a  residence  .by  reason  of 
his  presence  or  lost  it  by  reason  of  his  absence,  while  in  the  civil 
or  military  service  of  the  State  or  of  the  United  States,  nor  while 
a  student  at  any  institution  of  learning,  nor  while  kept  at  public 
expense  in  any  poor  house  or  other  asylum,  nor  while  confined  in 
public  prison. 

Sec.  5.  Voters  shall  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  therefrom. 

Sec.  6.  No  person  except  a  qualified  elector  shall  be  elected 
or  appointed  to  any  civil  or  military  office  in  the  State. 

Sec.  7.  The  general  election  shall  be  held  on  the  first  Tues- 
day of  October  in  the  years  of  our  Lord  eighteen  hundred  and 
seventy-six,  eighteen  hundred  and  seventy-seven  and  eighteen  hun- 
dred and  seventy-eight,  and  annually  thereafter,  on  such  day  as 
may  be  prescribed  by  law. 

Sec.  8.  All  elections  by  the  people  shall  be  by  ballot.  Every 
ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall  be 
received,  and  the  number  be  recorded  by  the  election  officers  on 
the  list  of  voters,  opposite  the  name  of  the  voter  who  presents  the 
ballot.  The  election  officers  shall  be  sworn  or  affirmed  not  to 
inquire  or  disclose  how  any  elector  shall  have  voted.  In  all  cases 
of  contested  elections  the  ballots  cast  may  be  counted,  compared 
with  the  list  of  voters  and  examined  under  such  safeguards  and 
regulations  as  may  be  prescribed  by  law. 

Sec.  9.  In  trials  of  contested  elections,  and  for  offenses 
arising  under  the  election  law,  no  person  shall  be  permitted  to 
withhold  his  testimony  on  the  ground  that  it  may  criminate  him- 
self or  subject  him  to  public  infamy,  but  such  testimony  shall  not 
be  used  against  him  in  any  judicial  proceeding,  except  for  perjury 
in  giving  such  testimony. 

Sec.  10.  No  person  while  confined  in  any  public  prison  shall 
be  entitled  to  vote,  but  every  such  person  who  was  a  qualified 
elector  prior  to  such  imprisonment,  and  who  is  released  therefrom 
by  virtue  of  a  pardon  or  by  virtue  of  having  served  out  his  full 
term  of  imprisonment,  shall  without  further  action  be  invested 
with  all  the  rights  of  citizenship,  except  as  otherwise  provided 
in  this  Constitution. 

Sec.  11.  The  General  Assembly  shall  pass  laws  to  secure 
the  purity  of  elections  and  guard  against  abuses  of  the  electoral 
franchise. 

Sec.  12.  The  General  Assembly  shall  by  general  law  desig- 
nate the  courts  and  judges  by  whom  the  several  classes  of  elec- 
tion contests  not  herein  provided  for  shall  be  tried,  and  regulate 
the  manner  of  trial  and  all  matters  incident  thereto,  but  no  such 
law  shall  apply  to  any  contest  arising  out  of  an  election  held 
before  its  passage. 

On  motion  of  Mr.  White,  the  article  on  Rights  of  Suffrage 
and  Elections,  as  approved  by  the  Convention,  was  recommitted 


CON  si  I  it    !  IMVM.   CONVENTION.  "iS." 

to  the  Committee  on  Kc\  isions  and  Adjustments  I'm-  adjustment 
in  the  ( 'onsi  itin  ion.  and  tin-  Secn-iary  \v;is  instructed  to  furnish 
the  ( 'oniiiiit  Ice  on  Kim rossiii^  and  Enrolling  with  ;i  copy  for 
enrollment. 

Mi*.  \\"clls.  Chairman  of  tlic  Coinmittee  on  Revisions  and  Ad- 
justments, presented  the  report  of  that  committee  on  the  addi- 
tional  section  to  the  article  on  Education  and  Educational  Insti- 
Inl  ions,  as  follows  : 

To  I  he  Honorable   President  and   Members  of  the  Constitutional 

<  'onvention : 

Your  Committee  on  Revisions  and  Adjustments,  to  whom 
was  referred  the  section  adopted  in  Convention  prohibiting 
sectarian  teachings  in  the  public  schools,  having,  according  to 
order,  had  the  same  under  consideration,  respectfully  recommend 
that  the  substance  of  said  section  be  inserted  in  the  8th  section 
of  the  article  upon  Education  and  Educational  Institutions,  as 
heretofore  adopted,  immediately  after  the  word  "whatever."  in 
the  third  line  thereof,  in  words  as  follows,  to-wit:  "No  sectarian 
tenets  or  doctrines  shall  ever  be  taught  in  the  public  schools." 
Respectfully  submitted, 

E.  T.  WELLS, 

Denver,  March  4,  1876.  Chairman. 

On  motion  of  Mr.  Felton,  the  report  was  received  and  the 
recommendation  of  the  committee  concurred  in  and  approved  by 
the  Convention. 

.Mr.  Wells  asked  leave  to  amend  the  report  of  the  Committee 
on  Revisions  and  Adjustments  on  section  17  of  the  article  on 
Education  and  Educational  Institutions,  which,  on  motion  of 
Mr.  Pease,  was  granted. 

Mr.  Wells,  Chairman  of  the  Coinmittee  on  Revisions  and  Ad- 
justments, reported  back  section  17  of  the  article  on  Education 
and  Educational  Institutions,  with  sundry  amendments  thereto, 
as  follows: 

"Section  17.  Neither  the  General  Assembly  nor  the  State 
Board  of  Education  shall  have  power  to  prescribe  text  books  to 
be  used  in  the  public  schools." 

On  motion  of  Mr.  Widderfield,  the  Convention  approved  sec- 
tion 17  as  revised  by  the  committee. 

So  the  Convention  approved  the  article  on  Education  and 
Educational  Institutions,  in  the  words  following: 

EDUCATION  AND  EDUCATIONAL  INSTITUTIONS. 

Section  1.  The  general  supervision  of  the  public  schools  of 
the  State  shall  be  vested  in  a  Board  of  Education,  whose  powers 
and  duties  shall  be  prescribed  by  law.  The  Superintendent  of 
Public  Instruction,  the  Secretary  of  State  and  Attorney  General 
shall  constitute  the  board,  of  which  the  Superintendent  of  Public 
Instruction  shall  be  president. 


586  PROCEEDINGS    OF    THE 

Sec.  2.  The  General  Assembly  shall,  as  soon  as  practicable, 
provide  for  the  establishment  and  maintenance  of  a  thorough  and 
uniform  system  of  free  public  schools  throughout  the  State, 
wherein  all  residents  of  the  State  between  the  ages  of  six  and 
twenty-one  years  may  be  educated  gratuitously.  One  or  more 
public  schools  shall  be  maintained  in  each  school  district  within 
the  State  at  least  three  months  in  each  year.  Any  school  district 
failing  to  have  such  school  shall  not  be  entitled  to  receive  any 
portion  of  the  school  fund  for  that  year. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact.  The  interest  thereon  only  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State,  and  shall 
be  distributed  amongst  the  several  counties  and  school  districts 
of  the  State,  in  such  manner  as  may  be  prescribed  by  law.  No 
part  of  this  fund,  principal  or  interest,  shall  ever  be  transferred 
to  any  other  fund,  or  used  or  appropriated,  except  as  herein  pro- 
vided^ The  State  Treasurer  shall  be  the  custodian  of  this  fund, 
and  the  same  shall  be  securely  and  profitably  invested,  as  may 
be  by  law  directed.  The  State  shall  supply  all  losses  thereof  that 
may  in  any  manner  occur. 

Sec.  4.  Each  county  treasurer  shall  collect  all  school  funds 
belonging  to  his  county  and  the  several  school  districts  therein, 
and  disburse  the  same  to  the  proper  districts,  upon  warrants 
drawn  by  the  county  superintendent  or  by  the  proper  district 
authorities,  as  may  be  provided  by  law. 

Sec.  5.  The  public  school  fund  of  the  State  shall  consist  of 
the  proceeds  of  such  lands  as  have  heretofore  been,  or  may  here- 
after be,  granted  to  the  State  by  the  general  government  for  edu- 
cational purposes ;  all  estates  that  may  escheat  to  the  State ;  also 
all  other  grants,  gifts  or  devises  that  may  ,be  made  to  this  State 
for  educational  purposes. 

Sec.  6.  There  shall  be  a  county  superintendent  of  schools  in 
each  county,  whose  term  of  office  shall  be  two  years,  and  whose 
duties,  qualifications  and  compensation  shall  be  as  prescribed  by 
law.  He  shall  be  ex-officio  commissioner  of  lands  within  his 
county,  and  shall  discharge  the  duties  of  said  office  under  the 
direction  of  the  State  Board  of  Land  Commissioners,  as  directed 
by  law. 

Sec.  7.  Neither  the  General  Assembly  nor  any  county,  city, 
towTn,  township,  school  district  or  other  public  corporation  shall 
ever  make  any  appropriations,  or  pay  from  any  public  fund  or 
moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society  or  for  any  sectarian  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution  controlled  by  any  church  or  sec- 
tarian denomination  whatever,  nor  shall  any  grant  or  donation 
of  land,  money  or  other  personal  property  ever  be  made  by  the 
State  or  any  such  public  corporation  to  any  church  or  for  any 
sectarian  purpose. 


CONSTITUTIONAL    CON  VKVI  Mi\.  587 

Sec.  8.  No  religious  test  or  qualification  shall  ever  be  re- 
quired of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  student, 
and  no  teacher  or  student  of  any  such  institution  shall  ever  be 
required  to  attend  or  participate  in  any  religious  service  what- 
ever. No  sectarian  tenets  or  doctrines  shall  ever  be  taught  in  the 
public  schools,  nor  shall  any  distinction  or  classification  of  pupils 
be  made  on  account  of  race  or  color. 

Sec.  9.  The  Governor,  Superintendent  of  Public  Instruction, 
Secretary  of  State  and  Attorney  General  shall  constitute  the 
Board  of  Land  Commissioners,  who  shall  have  the  direction,  con- 
trol and  disposition  of  the  public  lands  of  the  State,  under  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  all  the  lands  heretofore  or  which  may  here- 
after be  granted  to  the  State  by  the  general  government,  under 
such  regulations  as  may  be  prescribed  by  law,  and  in  such  manner 
as  will  secure  the  maximum  possible  amount  therefor.  No  law 
shall  ever  be  passed  by  the  General  Assembly  granting  any  priv- 
ileges to  persons  who  may  have  settled  upon  any  such  public 
lands  subsequent  to  the  survey  thereof  by  the  general  govern- 
ment, by  which  the  amount  to  be  derived  by  the  sale  or  other  dis- 
position of  such  lands  shall  be  diminished  directly  or  indirectly. 
The  General  Assembly  shall,  at  the  earliest  practicable  period, 
provide  by  law  that  the  several  grants  of  such  land  made  by 
Congress  to  the  State  shall  be  judiciously  located  and  carefully 
preserved  and  held  in  trust,  subject  to  disposal  for  the  use  and 
benefit  of  the  respective  objects  for  which  said  grants  of  land 
were  made,  and  the  General  Assembly  shall  provide  for  the  sale 
of  said  lands  from  time  to  time  and  for  the  faithful  application 
of  the  proceeds  thereof,  in  accordance  with  the  terms  of  said 
grants. 

Sec.  11.  The  General  Assembly  may  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend 
the  public  school  during  the  period  between  the  ages  of  six  and 
eighteen  years  for  a  time  equivalent  to  three  years,  unless  edu- 
cated by  other  means. 

Sec.  12.  There  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  first  general  election  under  this  Constitution, 
six  Regents  of  the  University,  who  shall,  immediately  after  their 
election,  be  so  classified  by  lot  that  two  shall  hold  their  office 
for  the  term  of  two  years,  two  for  four  years  and  two  for  six 
years,  and  every  two  years  after  the  first  election  there  shall  be 
elected  two  Regents  of  the  University,  whose  term  of  office  shall 
be  six  years. 

The  Regents  thus  elected  and  their  successors  shall  constitute 
a  body  corporate,  to  be  known  by  the  name  and  style  of  "The 
Regents  of  the  University  of  Colorado." 


588  PROCEEDINGS    OF    THE 

Sec.  13.  The  Regents  of  the  University  shall  at  their  first 
meeting,  or  as  soon  thereafter  as  practicable,  elect  a  President 
of  the  University,  who  shall  hold  his  office  until  removed  by  the 
Board  of  Regents  for  cause.  He  shall  be  ex-ofificio  a  member  of 
the  Board,  with  the  privilege  of  speaking,  but  not  of  voting,  ex- 
cept in  cases  of  a  tie.  He  stiall  preside  at  the  meetings  of  the 
Board,  and  be  the  principal  executive  officer  of  the  University 
and  a  member  of  the  faculty  thereof. 

Sec.  14.  The  Board  of  Regents  shall  have  the  general  super- 
vision of  the  University,  and  the  exclusive  control  and  direction 
of  the  funds  of  and  appropriations  to  the  University. 

Sec.  15.     Stricken  out. 

Sec.  16.  The  General  Assembly  shall  by  law  provide  for  or- 
ganization of  school  districts  of  convenient  size,  in  each  of  which 
shall  be  established  a  board  of  education,  to  consist  of  three  or 
more  directors,  to  be  elected  by  the  people  of  the  district.  Said 
directors  shall  have  control  of  instruction  in  the  public  schools 
of  their  respective  districts. 

Sec.  17.  Neither  the  General  Assembly  nor  the  State  Board 
of  Education  shall  have  power  to  prescribe  text  books  to  be  used 
in  the  public  schools. 

On  motion  of  Mr.  Wells,  the  article  on  Education  and  Edu- 
cational Institutions,  as  approved  by  the  committee,  was  recom- 
mitted to  the  Committee  on  Revisions  and  Adjustments  for  ad- 
justment in  the  Constitution,  and  the  Secretary  was  instructed  to 
furnish  the  Committee  on  Engrossing  and  Enrolling  a  copy  for 
enrollment. 

On  motion  of  Mr.  Wells,  the  Convention  adjourned. 


CON8TIT1   Tlo.VAL    CONVKVUn.X.  589 


MONIIAV.   MARCH   (I.   ISTii.  !>  O'CLOCK  A.  M. 

-Convention  met  pursuant  to  adjournment. 

I'ravn-  \v;is  offered  by  the  Reverend  Mr.  Sturtevant. 

Roll  .-ailed. 

Absent — Messrs.  Boyles,  Beck,  Douglas,  Hurd,  Hough,  Head, 
Kennedy.  Marsh.  Meyer.  Rockwell,  Stone,  Thatcher,  Vigil,  Web- 
ster, White  and  Wilcox. 

The  Journal  having  been  partially  read,  on  motion  of  Mr. 
Wheeler  the  further  reading  of  the  Journal  was  dispensed  with. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, presented  the  report  of  that  committee  on  the  article 
on  Judicial  Department,  as  follows: 

Denver.  March  0,  A.  D.  1876. 

To  the  President  and  Members  of  the  Constitutional  Convention : 
Your  Committee  on  Revisions  and  Adjustments,  having,  ac- 
cording to  order,  had  under  consideration  the  article  agreed  upon, 
under  the  title  "Judicial  Department,"  respectfully  report  the 
same  back  with  sundry  emendations,  wherein  the  concurrence  of 
the  Convention  is  requested.  j^  rp  ^yj^LLg 

Chairman. 
JUDICIAL  DEPARTMENT. 

Section  1.  The  Judicial  power  of  the  State  as  to  matters  of 
law  and  equity,  except  as  in  this  Constitution  otherwise  pro- 
vided, shall  be  vested  in  a  Supreme  Court,  District  Courts,  County 
Courts,  Justices  of  the  Peace,  and  such  other  courts  as  may  be 
created  by  law  for  cities  and  incorporated  towns. 

SUPREME  COURT. 

Sec.  2.  The  Supreme  Court,  except  as  otherwise  provided 
in  this  Constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State,  and  shall  have  a  general 
superintending  control  over  all  inferior  courts,  under  such  regu- 
lations and  limitations  as  may  be  prescribed  by  law. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction  and  other  orig- 
inal and  remedial  writs,  with  authority  to  hear  and  determine 
the  same. 

Sec.  4.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  each  year  at  the  seat  of  government. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  be  elected  by 
the  electors  of  the  State  at  large,  as  hereinafter  provided. 


590  PROCEEDINGS    OF    THE 

Sec.  7.  The  term  of  office  of  the  judges  of  the  Supreme  Court, 
except  as  in  this  article  otherwise  provided,  shall  be  nine  years. 

Sec.  8.  The  judges  of  the  Supreme  Court  shall,  immediately 
after  the  first  election  under  this  Constitution,  be  classified  by 
lot,  so  that  one  shall  hold  his  office  for  the  term  of  three  years, 
one  for  the  term  of  six  years,  and  one  for  the  term  of  nine  years. 
The  judge  having  the  shortest  term  to  serve,  not  holding  his  office 
by  appointment  or  election  to  fill  a  vacancy,  shall  be  the  Chief 
Justice,  and  shall  preside  at  all  terms  of  the  Supreme  Court, 
and  in  case  of  his  absence  the  judge  having  in  like  manner  the 
next  shortest  term  to  serve  shall  preside  in  his  stead. 

Sec.  9.  There  shall  be  a  clerk  of  the  Supreme  Court,  who 
shall  be  appointed  by  the  judges  thereof,  and  shall  hold  office 
during  the  pleasure  of  said  judges,  and  whose  duties  and  emolu- 
ments shall  be  as  prescribed  by  law  and  by  the  rules  of  the  Su- 
preme Court. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  Supreme  Court  unless  he  be  learned  in  the  law,  be  at  least 
thirty  years  of  age  and  a  citizen  of  the  United  States,  nor  unless 
he  shall  have  resided  in  the  State  or  Territory  at  least  two  years 
next  preceding  his  election. 

DISTRICT  COURTS. 

Sec.  11.  The  District  Courts  shall  have  original  jurisdiction 
of  all  causes,  both  at  law  and  in  equity,  and  such  appellate  juris- 
diction as  may  be  conferred  by  law,  They  shall  have  original 
jurisdiction  to  determine  all  controversies  upon  relation  of  any 
person  on  behalf  of  the  people  concerning  the  rights,  duties  and 
liabilities  of  railroads,  telegraph  or  toll  road  companies  or  cor- 
porations. 

Sec.  12.  The  State  shall  be  divided  into  Judicial  districts, 
in  each  of  which  there  shall  be  elected  by  the  electors  thereof  one 
judge  of  the  District  Court  therein,  whose  term  of  office  shall  be 
six  years. 

The  judges  of  the  District  Courts  may  hold  courts  [court]  for 
each  other,  and  shall  do  so  when  required  by  law. 

Sec.  13.  Until  otherwise  provided  by  law,  said  districts  shall 
be  four  in  number  and  constituted  as  follows,  viz. : 

First  District — The  counties  of  Boulder,  Jefferson,  Gilpin, 
Clear  Creek,  Summit  and  Grand. 

Second  District — The  counties  of  Arapahoe,  Douglas,  Elbert. 
Weld  and  Larimer. 

Third  District — The  counties  of  Park.  El  Paso,  Fremont,  Pu- 
-eblo,  Bent,  Las  Animas  and  Huerfano. 

Fourth  District — The  counties  of  Costilla,  Conejos,  Rio 
Grande,  San  Juan,  La  Plata,  Hinsdale,  Saguache  and  Lake. 

Sec.  14.  The  General  Assembly  may,  after  the  year  eighteen 
hundred  and  eighty  (whenever  two-thirds  of  the  members  of  each 


'\STITUTIo\.\l.   CONVENTION.  H01 

house  shall  concur  therein  i .  Imt  not  oftener  than  once  in  six 
\ears.  increase  the  number  of  the  .Judicial  districts  and  the  judges 
thereof.  Such  districts  shall  be  formed  of  compact  territory  and 
bounded  by  county  lines,  but  such  increase  or  change  in  the 
boundaries  of  a  district  shall  not  work  the  removal  of  any  judge 
from  his  office  during  the  term  for  which  he  shall  have  been 
elected  or  appointed. 

Sec.  in.  The  judges  of  the  District  Court  first  elected  shall 
be  chosen  at  the  first  general  election.  The  General  Assembly 
may  provide  that  after  the  year  eighteen  hundred  and  seventy - 
eigiit  the  election  of  the  judges  of  the  Supreme,  District  and 
Bounty  Courts,  and  the  district  attorneys,  or  any  of  them,  shall 
be  on  a  different  day  from  that  on  which  an  election  is  held  for 
any  other  purpose,  and  for  that  purpose  may  extend  or  abridge 
the  term  of  office  of  any  of  such  officers  then  holding,  but  not  in 
any  case  more  than  six  months.  Until  otherwise  provided  by  law, 
such  officers  shall  be  elected  at  the  time  of  holding  the  general 
elections.  The  terms  of  office  of  all  judges  of  the  District  Courts 
elected  in  the  several  districts  throughout  the  State  shall  expire 
on  the  same  day,  and  the  terms  of  office  of  the  district  attorneys 
elected  in  the  several  districts  throughout  the  State  shall  in  like 
manner  expire  on  the  same  day. 

Sec.  16.  No  person  shall  be  eligible  to  the  office  of  district 
judge  unless  he  be  learned  in  the  law,  be  at  least  thirty  years 
old  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  the  State  or  Territory  at  least  two  years  next  preced- 
ing his  election,  nor  unless  he  shall  at  the  time  of  his  election 
be  an  elector  within  the  Judicial  district  for  which  he  is  elected ; 
Provided,  That  at  the  first  election  any  person  of  the  requisite 
age  and  learning,  and  who  is  an  elector  of  the  Territory  of  Colo- 
rado under  the  laws  thereof  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  judge  of  the  District 
Court  of  the  judicial  district  within  which  he  is  an  elector. 

Sec.  17.  The  time  of  holding  courts  within  said  districts 
shall  be  as  provided  by  law,  but  at  least  one  term  of  the  District 
Court  shall  be  held  annually  in  each  county,  except  in  such  coun- 
ties as  may  be  attached  for  judicial  purposes  to  another  county, 
wherein  such  courts  are  so  held.  This  shall  not  be  construed  to 
prevent  the  holding  of  special  terms,  under  such  regulations  as 
may  be  provided  by  law. 

Sec.  18.  The  judges  of  the  Supreme  and  District  Courts 
shall  each  receive  such  salary  as  may  be  provided  by  law,  and  no 
such  judge  shall  receive  any  other  compensation,  perquisite  or 
emolument,  for  or  on  account  of  his  office,  in  any  form  whatever, 
nor  act  as  attorney  or  counselor  at  law. 

Sec.  19.  There  shall  be  a  clerk  of  the  District  Court  in  each 
county  wherein  a  term  is  held,  who  shall  be  appointed  by  the 
judge  of  the  district,  to  hold  his  office  during  the  pleasure  of  the 
judge.  His  duties  and  compensation  shall  be  as  provided  by  law 
and  regulated  by  the  rules  of  the  court. 


592  PROCEEDINGS    OF    THE 

Sec.  20.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  judges  of  the 
Supreme  and  District  Courts  respectively  shall  fix  the  terms 
thereof. 

DISTRICT  ATTORNEYS. 

Sec.  21.  There  shall  be  elected  at  each  regular  election  for 
judges  of  the  Supreme  Court  a  district  attorney  for  each  Judicial 
district,  whose  term  of  office  shall  be  three  years,  and  whose 
duties  and  compensation  shall  be  as  provided  by  law. 

No  person  shall  be  eligible  to  the  office  of  district  attorney 
who  shall  not  at  the  time  of  his  election  be  at  least  twenty-five 
jears  of  age  and  possess  all  the  other  qualifications  for  judges 
of  the  District  Courts  as  prescribed  in  this  article. 

COUNTY  COURTS. 

Sec.  22.  There  shall  be  elected  at  the  general  electi'on  in 
each  organized  county,  in  the  year  eighteen  hundred  and  sev- 
enty-seven and  every  three  years  thereafter,  except  as  otherwise 
provided  in  this  article,  a  county  judge,  who  shall  be  judge  of 
the  County  Court  of  said  county,  whose  term  of  office  shall  be 
three  years,  and  whose  compensation  shall  be  such  as  may  be 
provided  by  law. 

Sec.  23.  County  Courts  shall  be  courts  of  record  and  shall 
have  original  jurisdiction  within  each  county  in  all  matters  of 
probate,  settlement  of  estates  of  deceased  persons,  appointment 
of  guardians,  conservators  and  administrators  and  settlement  of 
their  accounts,  and  such  other  civil  and  criminal  jurisdiction  as 
may  be  conferred  by  law;  Provided,  Such  courts  shall  not  have 
jurisdiction  in  any  case  where  the  debt,  damage  or  claim  of 
property  involved  shall  exceed  two  thousand  dollars,  except  in 
cases  relating  to  the  estates  of  deceased  persons. 

Appeals  may  be  taken  from  County  to  District  Court,  or  to 
the  Supreme  Court,  in  such  cases  and  in  such  manner  as  may 
be  prescribed  by  law.  Writs  of  error  shall  lie  from  the  Supreme 
Court  to  every  final  judgment  of  the  County  Court.  No  appeal 
shall  lie  to  the  District  Court  from  any  judgment  given  upon 
an  appeal  from  a  justice  of  the  peace. 

CRIMINAL  COURT. 

Sec.  24.  The  General  Assembly  shall  have  power  to  create 
and  establish  a  Criminal  Court  in  each  county  having  a  popula- 
tion exceeding  fifteen  thousand,  which  courts  may  have  con- 
current jurisdiction  with  the  District  Courts  in  all  criminal 
cases  not  capital,  the  terms  of  such  courts  to  be  as  provided  by 
law. 

POLICE  MAGISTRATES. 

Sec.  26.  The  General  Assembly  shall  have  power  to  pro- 
vide for  creating  such  police  magistrates  for  cities  and  towns  as 


CONSTITUTIONAL    CO .\  Yi:  \TloX. 

may  lie  (let-meil  from  time  to  time  necrssarv  <»r  expedient,  who 
shall  have  jurisdiction  of  ;ill  cases  arising  under  the  ordina  m  ;- 
of  such  cities  and  towns  respect  i\el\ . 

MISCELLANEOUS. 

Sec.  U7.  The  judges  of  courts  of  record  inferior  to  the 
Supreme  Court  shall,  on  or  before  the  first  day  of  July  in  each 
\ear.  report  in  writing  to  the  judges  of  the  Supreme  Court  such 
(infects  and  omissions  in  the  laws  as  their  knowledge  and  ex- 
perience may  suggest,  and  the  judges  of  the  Supreme  Court 
shall,  on  or  before  the  first  day  of  December  of  each  year,  re- 
port in  writing  to  the  Governor,  to  be  by  him  transmitted  to  the 
(leneral  Assembly,  together  with  his  message,  such  defects  and 
omissions  in  the  Constitution  and  laws  as  they  may  find  to  exist, 
together  with  appropriate  bills  for  curing  the  same. 

Sec.  28.  All  laws  relating  to  courts  shall  be  general  and  oi 
uniform  operation  throughout  the  State;  and  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  the  courts 
of  the  same  class  or  grade,  so  far  as  regulated  by  law,  and  the 
force  and  effect  of  the  proceedings,  judgments  and  decrees  of 
such  courts  severally,  shall  be  uniform. 

Sec.  29.  All  officers  provided  for  in  this  article,  excepting 
judges  of  the  Supreme  Court,  shall  respectively  reside  in  the 
district,  county,  precinct,  city  or  town  for  which  they  may  be 
elected  or  appointed.  Vacancies  in  elective  offices  shall  be 
filled  by  election,  but  when  the  unexpired  term  does  not  exceed 
one  year,  the  vacancies  shall  be  filled  by  appointment,  as  fol- 
lows :  Of  judges  of  the  Supreme  and  District  Courts,  by  the 
Governor;  of  district  attorneys,  by  the  judge  of  the  court  to 
which  the  office  appertains;  and  of  all  other  judicial  officers  by 
the  board  of  county  commissioners  of  the  county  where  the 
vacancy  occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  ''The  People 
of  the  State  of  Colorado;"  all  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  "The  People  of  the  State 
of  Colorado,"  and  conclude  "against  the  peace  and  dignity  of  the 
same." 

Mr.  Yount,  of  the  Committee  on  Printing,  reported  back  to 
the  Convention  the  report  of  the  Committee  on  Revisions  and 
Adjustments  on  the  article  on  Judicial  Departments,  as  cor- 
rectly printed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  the  report  of  that  committee  on  the 
articles  on  "Mines  and  Mining"  and  "Irrigation,  Agriculture  and 
Manufactures,"  which,  on  his  own  motion,  was  received,  ordered 
printed,  and  laid  upon  the  table  for  future  consideration. 


594  PROCEEDINGS    OF    THE 

Denver,  March  6,  1876. 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion: 

Your  Committee  upon  Revisions  and  Adjustments,  having 
had  under  consideration  the  articles  adopted  by  the  Convention 
in  relation  to  Mines  and  Mining,  and  Irrigation,  Agriculture  and 
Manufactures,  respectfully  report  sundry  emendations  therein, 
in  which  the  concurrence  of  the  Convention  is  requested. 

E.  T.  WELLS, 

Chairman. 
MINING  AND  IRRIGATION. 

Section  1.  There  shall  be  established  and  maintained  the 
office  of  Commissioner  of  Mines,  the  duties  and  salary  of  which 
shall  be  prescribed  by  law.  When  said  office  shall  be  estab- 
lished  the  Governor  shall,  with  the  advice  and  consent  of  the 
Senate,  appoint  thereto  a  person  known  to  be  competent,  whose 
term  of  office  shall  be  four  years. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  the 
proper  ventilation  of  mines,  the  construction  of  escapement 
shafts  and  such  other  appliances  as  may  be  necessary  to  pro- 
tect the  health  and  secure  the  safety  of  the  workmen  therein, 
and  shall  prohibit  the  employment  in  the  mines  of  children 
under  twelve  years  of  age. 

Sec.  3.  The  General  Assembly  may  make  such  regulations 
froni  time  to  time  as  may  be  necessary  for  the  proper  and  equit- 
able drainage  of  mines. 

Sec.  4.  The  General  Assembly  may  provide  that  the  science 
of  mining  and  metallurgy  be  taught  in  one  or  more  of  the  insti- 
tutions of  learning  under  the  patronage  of  the  State. 

IRRIGATION. 

Sec.  5.  The  water  of  every  natural  stream  not  heretofore 
appropriated  within  the  State  of  Colorado  is  hereby  declared 
to  be  the  property  of  the  public,  and  the  same  is  dedicated  to 
the  use  of  the  people  of  the  State,  subject  to  appropriation  as 
hereinafter  provided. 

Sec.  6.  The  right  to  divert  the  unappropriated  waters  of 
any  natural  stream  to  beneficial  uses  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  water  for  the  same  purpose;  but  when  the  waters 
of  any  natural  stream  are  not  sufficient  for  the  service  of  all  de- 
siring the  use  of  the  same,  those  using  the  water  for  domestic 
purposes  shall  have  the  preference  over  those  claiming  for  any 
other  purpose,  and  those  using  the  water  for  agricultural  pur- 
poses shall  have  preference  over  those  using  the  same  for  manu 
facturing  purposes. 

Sec.  7.  All  persons  and  corporations  shall  have  the  right 
of  way  across  public,  private  and  corporate  lands  for  the  con- 


CONSTITUTIONAL   CONVENTION.  595 

si  ruction  of  ditches,  canals  and  flumes  for  the  purpose  of  con- 
veying water  for  domestic  purposes  for  the  irrigation  of  a 
cultural  lands,  and  for  mining  and  manufacturing  purposes,  and 
for  drainage,  upon  payment  of  just  compensation. 

Sec.  8.  The  General  Assembly  shall  provide  by  law  that 
the  board  of  county  commissioners,  in  their  respective  coun- 
ties, shall  have  power,  when  application  is  made  to  them  by 
either  party  interested,  to  establish  reasonable. maximum  rates, 
to  be  charged  for  the  use  of  water,  whether  furnished  by  indi- 
viduals or  corporations. 

Mr.  Cushman,  Chairman  of  the  Committee  on  Revenue  and 
Finance,  presented  the  following  report: 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Committee  on  Revenue  and  Finance  have 
had  under  consideration  the  section  which  was  referred  to  them 
from  the  report  of  your  Committee  on  State,  County  and  Muni- 
cipal Indebtedness,  and  recommend  the  same,  with  certain 
changes,  to  you  as  an  additional  section  to  the  article  on  Revenue 
and  Finance.  All  of  which  is  respectfully  submitted. 

WM.  N.  CU8HMAM, 

Denver,  Colorado,  March  6,  1876. 

Sec.  3.  No  appropriation  shall  be  made  nor  any  expenui 
ture  authorized  by  the  General  Assembly,  nor  by  any  board  of 
county  commissioners,  city  council,  board  of  aldermen,  trus- 
tees, selectmen  or  directors  of  any  county,  city,  town,  township 
or  school  district,  whereby  the  expenditures  of  the  State  or  ot 
any  county,  city,  town,  township  or  school  district,  during  the 
next  ensuing  fiscal  year,  shall  exceed  the  total  tax  then  levied 
and  available  for  such  appropriation,  or  authorizing  such  ex- 
penditure; shall  provide  for  the  levying  of  a  sufficient  tax  to 
pay  such  increased  appropriation  or  expenditure  within  such 
next  ensuing  fiscal  year,  but  in  no  case  shall  such  appropriation 
or  expenditure  exceed  an  amount  equal  to  ten  per  cent,  of  the 
tax  then  levied  for  such  purposes. 

Mr.  Felton  moved  that  the  report  be  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Carr  called  for  a  division  of  the  question,  and  the  ques- 
tion being  upon  the  motion  of  Mr.  Felton  to  receive  the  report, 
and  being  put,  it  was  agreed  to. 

The  question  then  being  on  the  motion  to  order  printed, 
and  being  put,  it  was  not  agreed  to. 

And  the  question  then  being  on  the  motion  to  lay  the  re- 
port upon  the  table  for  future  consideration,  and  being  put,  it 
was  agreed  to. 

So  the  report  of  the  Committee  on  Revenue  and  Finance 
wa's  received  and  laid  upon  the  table  for  future  consideration. 

Mr.  Webster  appeared  and  took  his  seat. 


596  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Barela,  Mr.  Boyles  was  excused  from  fur- 
ther attendance  during  the  remainder  of  the  session  of  the  Con- 
vention. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  on  Judicial  Depart- 
ments was  taken  from  the  table  and  considered  by  sections. 

Section  1  remains  unchanged ;  section  2,  as  revised  by  the  com- 
mittee, was  approved  by  the  Convention;  sections  3,  4,  5  and  6 
remain  unchanged;  sections  7  and  8,  as  revised  by  the  commit- 
tee, were  approved  by  the  Convention;  section  9  remains  un- 
changed; sections  10/11,  12,  13,  14,  15,  16,  17,  18  and  19,  as  re- 
vised by  the  committee,  were  approved  by  the  Convention;  sec- 
tion 20"  remains  unchanged;  sections  21,  22,  23,  24,  25,  26  and 
27,  as  revised  by  the  committee,  were  approved  by  the  Conven- 
tion; section  28  remains  unchanged;  section  29,  as  revised  by 
Supreme  Court  shall,  on  or  before  the  first  day  of  July,  in  each 
the  committee,  was  approved  by  the  Convention;  section  30  re- 
mains unchanged. 

So  the  Convention  approved  the  article  on  Judicial  Depart- 
ment in  the  words  following: 

JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  State  as  to  matters 
of  law  and  equity,  except  as  in  this  Constitution  otherwise  pro- 
vided, shall  be  vested  in  a  Supreme  Court,  District  Courts, 
County  Courts,  Justices  of  the  Peace  and  such  other  courts  as 
may  be  created  by  law  for  cities  and  incorporated  towns. 

SUPREME  COURT. 

Sec.  2.  The  Supreme  Court,  except  as  otherwise  provided 
in  this  Constitution,  shall  have  appellate  jurisdiction  only, 
which  shall  be  co-extensive  with  the  State  and  shall  have  a 
general  superintending  control  over  all  inferior  courts,  under 
such  regulations  and  limitations  as  may  be  prescribed  by  law. 

Sec.  3.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction  and  other  origi- 
nal and  remedial  writs,  with  authority  to  hear  and  determine  the 
same.  1 

Sec.  4.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  each  year  at  the  seat  of  government. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges, 
a  majority  of  whom  shall  be  necessary  to  form  a  quorum  or 
pronounce  a  decision. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State  at  large,  as  hereinafter  provided. 

Sec.  7.  The  term  of  office  of  the  judges  of  the  Supreme 
Court,  except  as  in  this  article  otherwise  provided,  shall  be  nine 
vears. 


CONSTITUTIONAL   CO.\  Yi: \  I  ION.  597 

S«M.  s.  Tin-  judges  of  the  Supreme  Court  shall,  immediately 
after  i  lie  first  election  under  this  Constitution,  be  classified  by 
iot.  so  that  one  shall  hold  his  office  for  the  term  of  three  years, 
one  for  the  term  of  six  years  and  one  for  the  term  of  nine 
\ears.  The  judge  having  the  shortest  time  to  serve,  not  hold- 
ing his  office  by  appointment  or  election  to  fill  a  vacancy,  shall 
be  the  chief  justice,  and  shall  preside  at  all  terms  of  the  Supreme 
Court,  and,  in  case  of  his  absence,  the  judge  having  in  like  man- 
ner the  next  shortest  term  to  serve  shall  preside  in  his  stead. 

Sec.  U.  There  shall  be  a  clerk  of  the  Supreme  Court  who 
shall  be  appointed  by  the  judges  thereof,  and  shall  hold  his 
•  'Hire  during  the  pleasure  of  said  judges,  and  whose  duties  and 
emoluments  shall  be  as  prescribed  by  law  and  by  the  rules  of 
the  Supreme  Court. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  Supreme  Court,  unless  he  be  learned  in  the  law,  be  at  least 
thirty  years  of  age  and  a  citizen  of  the  United  States,  nor  unless 
he  shall  have  resided  in  this  State  or  Territory  at  least  two 
years  next  preceding  his  election. 

DISTRICT  COURTS. 

Sec.  11.  The  District  Courts  shall  have  original  jurisdic- 
tion of  all  causes,  both  at  law  and  in  equity,  and  such  appellate 
jurisdiction  as  may  be  conferred  by  law.  They  shall  have  orig- 
inal jurisdiction  to  determine  all  controversies  upon  relation  of 
any  person,  on  behalf  of  the  people,  concerning  the  rights,  duties 
and  liabilities  of  railroad,  telegraph  or  toll  road  companies  or 
corporations. 

Sec.  12.  The  State  shall  be-  divided  into  judicial  districts,  in 
each  of  which  there  shall  be  elected  by  the  electors  thereof,  one 
jndjre  of  the  District  Court  therein,  whose  term  of  office  shall 
be  six  years.  The  judges  of  the  District  Courts  may  hold  courts 
for  each  other  and  shall  do  so  when  required  by  law. 

Sec.  13.  Until  otherwise  provided  by  law,  said  districts 
shall  be  four  in  number,  and  constituted  as  follows,  viz.: 

First  District — The  Counties  of  Boulder,  Jefferson,  Gilpin, 
Clear  Creek,  Summit  and  Grand. 

Second  District — The  Counties  of  Arapahoe,  Douglas,  El- 
bert.  Weld  and  Larimer. 

Third  District — The  Counties  of  Park,  El  Paso,  Fremont, 
Pueblo,  Bent,  Las  Animas  and  Huerfano. 

Fourth  District — The  Counties  of  Costilla,  Conejos,  Rio 
Grande,  San  Juan,  La  Plata,  Hinsdale,  Saguache  and  Lake. 

Sec.  14.  The  General  Assembly  may,  after  the  year  eigh- 
teen hundred  and  eighty  (whenever  two-thirds  of  the  members 
of  each  house  shall  concur  therein),  but  not  oftener  than  once 
in  six  years,  increase  the  numbers  of  the  judicial  districts  and 
the  judges  thereof;  such  districts  shall  be  formed  of  compact 


598  PROCEEDINGS    OF    THE 

territory  and  bounded  by  county  lines,  but  such  increase  or 
change  in  the  boundaries  of  a  district  shall  not  work  the  re- 
moval of  any  judge  from  his  office  during  the  term  for  which  he 
shall  have  been  elected  or  appointed. 

Sec.  15.  The  judges  of  the  District  Court  first  elected  shall 
be  chosen  at  the  first  general  election.  The  General  Assembly 
may  provide  that  after  the  year  eighteen  hundred  and  seventy- 
eight,  the  election  of  judges  of  the  Supreme,  District  and 
County  Courts,  and  the  district  attorneys,  or  any  of  them,  shall 
be  on  a  different  day  from  that  on  which  an  election  is  held  for 
any  other  purpose,  and  for  that  purpose  may  extend  or  abridge 
the  term  of  office  of  any  of  such  officers  then  holding,  but  not 
in  any  case  more  than  six  months.  Until  otherwise  provided 
by  law,  such  officers  shall  be  elected  at  the  time  of  holding  the 
general  elections.  The  terms  of  office  of  all  judges  of  the  Dis- 
trict Court,  elected  in  the  several  districts  throughout  the  State, 
shall  expire  on  the  same  day,  and  the  terms  of  office  of  the  dis 
trict  attorneys,  elected  in  the  several  districts  throughout  the 
State,  shall  in  like  manner  expire  on  the  same  day. 

Sec.  16.  No  person  shall  be  eligible  to  the  office  of  district 
judge  unless  he  be  learned  in  the  law,  be  at  least  thirty  years 
old  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  the  State  or  Territory  at  least  two  years  next  preced- 
ing his  election,  nor  unless  he  shall,  at  the  time  of  his  election, 
be  an  elector  within  the  judicial  district  for  which  he  is  elected; 
Provided,  That  at  the  first  election,  any  person  of  the  requisite 
age  and  learning  and  who  is  an  elector  of  the  Territory  of  Colo- 
rado under  the  law  thereof  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  .the  office  of  judge  of  the  Dis- 
trict Court  of  the  judicial  district  within  which  he  is  an  elector. 

Sec.  17.  The  time  of  holding  courts  within  the  said  dis- 
tricts shall  be  as  provided  by  law,  but  at  least  one  term  of  the 
District  Court  shall  be  held  annually  in  each  county,  except  in 
such  counties  as  may  be  attached  for  judicial  purposes  to 
another  county,  wherein  such  courts  are  so  held.  This  shall  not 
be  so  construed  as  to  prevent  the  holding  of  special  terms  under 
such  regulations  as  may  be  provided  by  law. 

Sec.  18.  The  judges  of  the  Supreme  and  District  Courts 
shall  each  receive  such  salary  as  may  be  provided  by  law;  and 
no  such  judge  shall  receive  any  other  compensation,  perquisite 
or  emolument  for,  or  on  account  of  his  office,  in  any  form  what- 
ever, nor  act  as  attorney  or  counselor  at  law. 

Sec.  19.  There  shall  be  a  clerk  of  the  District  Court  in 
each  County  wherein  a  term  is  held,  who  shall  be  appointed  by 
the  judge  of  the  district,  to  hold  his  office  during  the  pleasure 
of  the  Judge.  His  duties  and  compensation  shall  be  as  pro- 
vided by  law,  and  regulated  by  the  rules  of  the  Court. 

Sec.  -20.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  judges  of  the 


CUNSTITI  TIONAI.  <-M\VI;.\TION.  .V.»!l 

sii|.Kiiu-    and    disiri.i    .curls,    respectively,    shall    fix    the    terms 
thereof. 

IMSTKKT  ATTORNEYS. 

Sec.  21.  There  shall  IK*  elected  at  each  regular  election  I'm- 
judges  of  the  Supreme  Court  a  district  attorney  for  each  judicial 
district,  whuse  term  of  office  shall  be  three  "years,  and  whose 
duties  and  compensation  shall  be  as  provided  by  law.  No  person 
shall  be  eligible  to  the  office  of  district  attorney  who  shall  not, 
at  the  time  of  his  election,  be  at  least  twenty-five  years  of  age, 
and  possess  all  the  other  qualifications  for  judges  of  District 
Courts  as  prescribed  in  this  article. 

COUNTY  COUETS. 

Sec.  22.  There  shall  be  elected  at  the  general  election  in 
each  organized  County  in  the  year  eighteen  hundred  and 
seventy-seven,  and  every  three  years  thereafter,  except  as  other- 
wise provided  in  this  article,  a  county  judge,  who  shall  be  judge 
of  the  County  Court  of  said  County,  whose  term  of  office  shall 
be  three  years,  and  whose  compensation  shall  be  such  as  may  be 
provided  by  law. 

Sec.  23.  County  Courts  shall  be  courts  of  record,  and  shall 
have  original  jurisdiction  within  each  County  in  all  matters  of 
probate,  settlement  of  estates  of  deceased  persons,  appointment 
of  guardians,  conservators  and  administrators,  and  settlement  of 
their  accounts,  and  such  other  civil  and  criminal  jurisdiction  as 
may  be  conferred  by  law.  Provided,  Such  Courts  shall  not  have 
jurisdiction  in  any  case  where  the  debt,  damage  or  claim  or  value 
of  property  involved  shall  exceed  two  thousand  dollars,  except 
in  cases  relating  to  the  estates  of  deceased  persons.  Appeals  may 
be  taken  from  County  to  District  Courts  or  to  the  Supreme  Court 
in  such  cases,  and  in  such  manner  as  may  be  prescribed  by  law. 
Writs  of  error  shall  lie  from  the  Supreme  Court  to  every  final 
judgment  of  the  County  Court.  No  appeal  shall  lie  to  the  Dis- 
trict Court  from  any  judgment  given  upon  an  appeal  from  a 
justice  of  the  peace. 

CRIMINAL  COURT. 

Sec.  24.  The  General  Assembly  shall  have  power  to  create 
and  establish  a  Criminal  Court  in  each  County  having  a  popula- 
tion exceeding  fifteen  thousand,  which  Court  may  have  concur- 
rent jurisdiction  with  the  District  Courts  in  all  criminal  cases 
not  capital ;  the  terms  of  such  courts  to  be  as  provided  by  law. 

JUSTICES  OF  THE  PEACE. 

Sec.  25.  Justices  of  the  peace  shall  have  such  jurisdiction 
as  may  be  conferred  by  law,  but  they  shall  not  have  jurisdiction 
of  any  case  wherein  the  value  of  the  property  or  the  amount 
in  controversy  exceeds  the  sum  of  three  hundred  dollars,  nor 
where  the  boundaries  or  title  to  real  property  shall  be  railed  in 
question. 


600  PROCEEDINGS    OF    THE 

POLICE  MAGISTRATES. 

Sec.  26.  The  General  Assembly  shall  have  power  to  pro- 
vide for  creating  such  police  magistrates  for  cities  and  towns  as 
may  be  deemed  from  time  to  time  necessary  or  expedient,  who 
shall  have  jurisdiction  of  all  cases  arising  under  the  ordinances 
of  cities  and  towns  respectively. 

MISCELLANEOUS. 

Sec.  27.  The  judges  of  Courts  of  Record,  inferior  to  the 
Supreme  Court,  shall,  on  or  before  the  first  day  of  July  in  each 
year,  report  in  writing  to  the  judges  of  the  Supreme  Court  such 
defects  and  omissions  in  the  laws  as  their  knowledge  and  ex- 
perience may  suggest,  and  the  judges  of  the  Supreme  Court 
shall,  on  or  before  the  first  day  of  December  of  each  year,  report 
in  writing  to  the  Governor,  to  be  by  him  transmitted  to  the  Gen- 
eral Assembly,  together  with  his  message,  such  defects  and 
omissions  in  the  Constitution  and  lawrs  as  they  may  find  to  exist, 
together  with  appropriate  bills  for  curing  the  same. 

Sec.  28.  All  laws  relating  to  courts  shall  be  general  and 
of  uniform  operation  throughout  the  State ;  and  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  the  courts 
of  the  same  class  or  grade,  so  far  as  regulated  by  law,  and  the 
force  and  effect  of  the  proceedings,  judgments  and  decrees  of 
such  courts  severally,  shall  be  uniform. 

Sec.  29.  All  officers  provided  for  in  this  article,  excepting 
judges  of  the  Supreme  Court,  shall  respectively  reside  in  the 
district,  county,  precinct,  city  or  town  for  which  they  may  be 
elected  or  appointed.  Vacancies  in  elective  offices  shall  be  filled 
by  election;  but  when  the  unexpired  term  does  not  exceed  one 
year,  the  vacancy  shall  be  filled  by  appointment,  as  follows: 
Of  judges  of  the  Supreme  and  District  Courts,  by  the  Governor; 
of  district  attorneys,  by  the  Judge  of  the  Court  to  which  the  office 
appertains;  and  of  all  other  judicial  officers,  by  the  Board  of 
County  Commissioners  of  the  County  where  the  vacancy  occurs. 

Sec.  30.  All  process  shall  run  in  the  name  of  "The  People 
of  the  State  of  Colorado."  All  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  "The  People  of  the  State  of 
Colorado,"  and  conclude  "against  the  peace  and  dignity  of  the 
same." 

On  motion  of  Mr.  Wells,  the  article  on  Judicial  Department, 
as  approved  by  the  Convention,  was  recommitted  to  the  Com- 
mittee on  Revisions  and  Adjustments  for  adjustment  in  the  Con- 
stitution, and  the  Secretary  was  instructed  to  furnish  the  Com- 
mittee on  Engrossing  and  Enrolling  with  a  copy  for  enrollment. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  article  on  Mis- 
cellaneous Subjects  adopted  by  the  Convention  as  correctly  en- 
grossed. There  being  no  objection  the  report  was  received  and 
referred  to  the  Committee  on  Revisions  and  Adjustments. 


CO.NSTITl  Tin.NAl.    CONVENTION.  601 

On  motion  of  .Mr.  Wells,  the  addit  ional  section  to  the  article 
on  Revenue  and  Finance,  reported  l»v  I  IK-  <  'oniniit  lee  on  Revenue 
and  Finance,  was  taken  from  the  talilc. 

Mr.  Webster  moved  to  amend  the  section  by  striking  out 
the  word  "ten"  and  inserting  in  lion  thereof  the  words  "twenty- 
tive." 

Mr.  Fell  on  moved  that  the  further  consideration  of  the  sec- 
tion l»e  postponed  until  2  o'clock  (P.  M.)  this  afternoon,  which 
was  agreed  to. 

So  the  Convention  postponed  the  further  consideration  of 
the  section  until  2  o'clock. 

On  motion  of  Mr.  Bromwell,  the  rules  were  suspended,  and 
Mr.  Bromwell  then  moved  that  the  vote  by  which  section  13  of 
the  article  on  Public  and  Private  Corporations  was  adopted  be 
reconsidered,  which  was  agreed  to. 

.Mr.  Bromwell  moved  to  amend  section  13  of  the  article  on 
Publie  and  Private  Corporations  by  inserting  after  the  word 
"stockholder,"  in  the  second  line,  the  words  "in  any  corporation 
of  which  the  paid  up  capital  stock  shall  exceed  twenty  thousand 
dollars;"  also  by  adding  to  the  section  the  words  "Stockholders 
in  any  corporation  shall  be  individually  liable  for  any  and  all 
debts  contracted  by  such  corporations  when  the  paid  up  capital 
stock  thereof  shall  not  exceed  twenty  thousand  dollars,"  which 
was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Bromwell. 

Mr.  Plumb  moved  to  amend  the  section  by  striking  out  all 
of  the  section  after  the  word  "law,"  in  the  first  line. 

Mr.  Pease,  as  an  amendment  to  the  motion  of  Mr.  Plumb, 
moved  to  strike  out  the  whole  of  the  section,  which  amendment 
was  accepted  by  Mr.  Plumb. 

And,  the  question  being,  "will  the  Convention  strike  out 
seriion  13  of  the  article  on  Public  and  Private  Corporations?" 
and  being  put,  it  was  decided  in  the  affirmative — ayes,  13 ;  noes,  9. 

The  ayes  and  noes  being  called,  those  voting  in  the  affirma- 
tive are: 

Messrs.  Barela,  Bromwell,  Carr,  Cooper,  Felton,  Garcia, 
Hurd,  Lee,  Plumb,  Stover,  Wells,  Wheeler  and  Wilson. 

Those  voting  in  the  negative  are: 

.Messrs.  Ellsworth,  Elder,  Ebert,  James,  Pease,  Quillian, 
Webster,  Widderfield  and  Yount. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Plumb 
to  strike  out  section  13  of  the  article  on  Public  and  Private  Cor- 
porations. 

So  the  Convention  approved  the  article  on  Public  and  Private 
Corporations  in  the  words  following. 


602  PROCEEDINGS    OF    THE 

PUBLIC  AND  PRIVATE  CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges  under  which  the  corporators  or  grantees  shall 
not  have  organized  and  commenced  business  in  good  faith  at  the 
time  of  the  adoption  of  this  Constitution,  shall  thereafter  have 
no  validity. 

Sec.  2.  No  charter  of  incorporation  shall  be  granted,  ex- 
tended, changed  or  amended  by  special  law,  except  for  such 
municipal,  charitable,  educational,  penal  or  reformatory  cor- 
porations as  are  or  may  be  under  the  control  of  the  State;  but 
the  General  Assembly  shall  provide  by  general  laws  for  the  or- 
ganization of  corporations  hereafter  to  be  created. 

Sec.  3.  The  General  Assembly  shall  have  the  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  now  existing  and 
revocable  at  the  adoption  of  this  Constitution,  or  any  that  may 
hereafter  be  created,  whenever,  in  their  opinion,  it  may  be  in- 
jurious to  the  citizens  of  the  State,  in  such  manner,  however, 
that  no  injustice  shall  be  done  to  the  corporators. 

Sec.  4.  All  railroads  shall  be  public  highways,  and  all  rail- 
road companies  shall  be  common  carriers.  Any  association  or 
corporation  organized  for  the  purpose  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  designated  points 
within  this  State,  and  to  connect  at  the  State  line  with  railroads 
of  other  States  and  Territories.  Every  railroad  company  shall 
have  the  right  with  its  road  to  intersect,  connect  with  or  cross 
any  other  railroad. 

Sec.  5.  No  railroad  corporation,  or  the  lessees  or  managers 
thereof,  shall  consolidate  its  stock,  property  or  franchises  with 
any  other  railroad  corporation  owning  or  having  under  its  con- 
trol a  parallel  or  competing  line. 

Sec.  6.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  transported  over 
any  railroad  in  this  State,  and  no  undue  or  unreasonable  dis- 
crimination shall  be  made  in  charges  or  in  facilities  for  trans- 
portation of  freight  or  passengers  within  the  State,  and  no  rail- 
road company  nor  any  lessee,  manager  or  employe  thereof  shall 
give  any  preference  to  individuals,  associations  or  corporations 
in  furnishing  cars  or  motive  power. 

Sec.  7.  No  railroad  or  other  transportation  company  in  ex- 
istence at  the  time  of  the  adoption  of  this  Constitution  shall 
have  the  benefit  of  any  future  legislation  without  first  filing  in  the 
office  of  the  Secretary  of  State  an  acceptance  of  the  provisions 
of  this  Constitution  in  binding  form. 

Sec.  8.  The  right  of  eminent  domain  shall  never  be  abridged 
nor  so  construed  as  to  prevent  the  General  Assembly  from  taking 
the  property  and  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  use,  the  same  as  the  property  of  in- 
dividuals; and  the  police  power  of  the  State  shall  never  be 
abridged  or  so  construed  as  to  permit  corporations  to  conduct 


CONSTITUTIONAL   CONVENTION.  603 

their  business  in  such  manner  as  to  infringe  the  equal  rights  of 
individuals  or  the  general  well  being  of  the  State. 

Sec.  !>.  No  corporation  shall  issue  stocks  or  bonds  except 
for  labor  done,  service  performed  or  money  or  property  actually 
received,  and  nil  fictitious  increase  of  stock  or  indebtedness  shall 
l><>  void.  The  stock  of  corporations  shall  not  be  increased  except 
in  pursuance  of  general  law,  nor  without  the  consent  of  the  per- 
sons holding  the  majority  of  the  stork,  firs!  obtained  at  a  in<-«  i 
iiiii-  held  after  at  least  thirty  days'  notice  given  in  pursuance 
of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  business, 
and  an  authorized  agent  or  agents  in  the  same  upon  whom  pro- 
cess may  be  served. 

Sec.  11.  No  street  railroad  shall  be  constructed  within  any 
city,  town  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  railroad. 

Sec.  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation,  or  any  individual  or 
association  of  individuals,  retrospective  in  its  operation,  or  which 
imposes  on  the  people  of  any  county  or  municipal  subdivision 
of  the  State  a  new  liability  in  respect  to  transactions  or  con- 
siderations already  past. 

Sec.  13  Any  association  or  corporation,  or  the  lessees  or 
managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  telegraph 
within  this  State,  and  to  connect  the  same  with  other  lines;  and 
the  General  Assembly  shall,  by  general  law  of  uniform  operation, 
provide  reasonable  regulations  to  give  full  effect  to  this  section. 
No  telegraph  company  shall  consolidate  with  or  hold  a  controll- 
ing interest  in  the  stock  or  bonds  of  any  other  telegraph  com- 
pany owning  or  having  the  control  of  a  competing  line,  or  acquire 
by  purchase  or  otherwise  any  other  competing  line  of  telegraph. 

Sec.  14.  If  any  railroad,  telegraph,  express  or  other  cor- 
poration organized  under  any  of  the  laws  of  this  State,  shall  con- 
solidate by  sale  or  otherwise  with  any  railroad,  telegraph,  ex- 
press or  other  corporation  organized  under  any  laws  of  any  other 
state  or  territory  or  of  the  United  States,  the  same  shall  not 
thereby  become  a  foreign  corporation,  but  the  courts  of  this  State 
shall  retain  jurisdiction  dver  that  part  of  the  coporate  property 
within  the  limits  of  the  State  in  all  matters  which  may  arise  as 
if  said  consolidation  had  not  taken  place. 

Sec.  15.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condition 
of  their  employment  or  otherwise,  any  contract  or  agreement 
whereby  such  person,  company  or  corporation  shall  be  released 
or  discharged  from  liability  or  responsibility  on  account  of  per- 
sonal injuries  received  by  such  servants  or  employes  while  in 
the  service  of  such  person,  company  or  corporation,  by  reason  of 


604  PROCEEDINGS    OF    THE 

the  negligence  of  such  person,  company  or  corporation  or  the 
agents  or  employes  thereof,  and  such  contracts  shall  be  absolutely 
null  and  void. 

On  motion  of  Mr.  Felton,  the  article  on  Public  and  Private 
Corporations,  as  approved  by  the  Convention,  was  recommitted 
to  the  Committee  on  Revisions  and  Adjustments  for  adjustment 
in  the  Constitution,  and  the  Secretary  was  instructed  to  furnish 
the  Committee  on  Engrossing  and  Enrolling  with  a  copy  for 
enrollment. 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Schedule  was  taken  from  the  table. 

On  motion  of  Mr.  Felton,  the  article  on  Schedule  was  laid 
upon  the  table  for  further  consideration;  and  on  motion  of  Mr. 
Ellsworth,  the  report  of  the  Committee  on  Printing,  in  reference 
to  the  cost  of  printing  the  Constitution,  was  taken  from  the  table, 
pending  debate  upon  which,  on  motion  of  Mr.  Carr,  the  Conven- 
tion adjourned  until  2  o'clock  p.  m. 


2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Cooper,  Crosby,  Douglas,  Fel- 
ton, Hough,  Head,  Kennedy,  Marsh,  Meyer,  Rockwell,  Stone, 
Thatcher,  Vijil,  White  and  Wilcox. 

Mr.  Quillian  asked  for  leave  of  absence  for  Mr.  Douglas, 
which  was  granted. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  Printing,  and,  on  motion  of  Mr.  Ellsworth, 
the  report  was  laid  upon  the  table  for  future  consideration. 

The  special  order  for  this  hour  being  the  consideration  of 
the  additional  section  to  the  article  on  Revenue  and  Finance  re- 
ported by  the  Committee  on  Revenue  and  Finance, 

On  motion  of  Mr.  Webster,  the  section  was  recommitted  to 
the  Committee  on  Revenue  and  Finance. 

Mr.  Webster,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  article  on  Mining  and  Irriga- 
tion, as  reported  by  the  Committee  on  Revisions  and  Adjustments, 
as  correctly  printed.  There  being  no  objection,  the  report  was 
received  and  filed  by  the  Secretary. 

On  motion  of  Mr.  Felton,  the  report  of  the  special  com- 
mittee appointed  to  prepare  an  election  ordinance  was  taken  from 
the  table.  | 

On  motion  of  Mr.  Webster,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  special 
committee  appointed  to  prepare  an  election  ordinance.  Mr.  Elder 
in  the  chair.  And,  after  some  time  spent  therein,  the  President 
resumed  the  chair  and  Mr.  Elder  submitted  the  following  report: 


CON  STITI   T I  <  »\  A  I.    < '( •  \  V  K  \  TION. 

Denver,  March  6,  A.  D.  1876. 

To   tin-    Honorable   1'resident    and   Constitutional   Convention   of 

Colorado : 

Gentlemen — The  Committee  of  the  Whole  Convention  to 
whom  was  referred  the  report  of  the  special  committee  appointed 
to  prepare  an  election  ordinance,  having,  accord  in«;  to  order,  had 
under  consideration  said  report,  have  directed  me  to  report  the 
same  hack  with  sundry  amendments  thereto,  and  ask  the  con- 
currence of  the  Convention  therein  in  the  words  following,  viz. : 

r.  I».  KLDKR. 
Chairman  of  the  Committee  of  the  Whole. 

ELECTION  ORDINANCE. 

Whereas,  The  enabling  act  passed  by  Congress  and  approved 
March  3,  1875,  requires  that  the  Convention  charged  with  the 
duty  of  framing  a  Constitution  for  a  state  government,  shall 
provide  by  ordinance  for  submitting  said  Constitution  to  the 
people  of  the  Territory  of  Colorado  for  their  ratification  or  re- 
jection; therefore,  this  Convention,  organized  in  pursuance  of 
said  enabling  act,  does  establish  the  following: 

ORDINANCE. 

Section  1.  The  Governor  of  the  Territory  of  Colorado  shall 
issue  his  proclamation  for  the  submission  of  this  Constitution  to 
the  people  of  said  Territory  for  their  approval  or  rejection  on 
the  first  day  of  July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-six;  and  this  Constitution  shall  be 
submitted  to  the  qualified  electors  of  said  Territory  in  the  sev- 
eral Counties  thereof  for  their  approval  or  rejection  on  the  said 
first  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy-six. 

Sec.  2.  All  persons  who,  upon  the  date  of  the  aforesaid 
election,  are  electors  under  the  laws  of  the  Territory  of  Colo- 
rado, shall  be  qualified  voters  upon  the  adoption  or  rejection  of 
this  Constitution,  and  said  election  shall  be  held  in  the  usual 
places  of  holding  elections,  and  be  conducted  in  the  same  man- 
ner as  is  prescribed  by  the  laws  of  said  Territory  regulating 
elections. 

Sec.  3.  In  voting  upon  this  Constitution  each  elector  shall 
deposit  in  the  ballot  box  a  ticket  whereon  shall  be  written  or 
printed  "For  the  Constitution"  or  "Against  the  Constitution,"  or 
such  other  words  that  shall  clearly  indicate  the  intention  of  the 
elector. 

Sec.  4.  The  votes  cast  at  said  election  shall  be  canvassed  in 
the  same  manner  as  is  prescribed  by  the  laws  of  the  Territory  of 
Colorado  for  canvassing  the  votes  of  all  general  elections,  and 
the  said  returns  of  said  election  shall  be  made  to  the  Governor 
of  the  Territory,  who,  with  the  Chief  Justice  and  the  United  Spates 
Attornev  of  said  Territorv,  or  anv  two  of  them,  shall  canvass  the 


606  PROCEEDINGS    OF    THE 

same,  and  if  a  majority  of  the  legal  votes  cast  shall  be  for  the 
Constitution,  the  Governor  shall  certify  the  same  to  the  Presi- 
dent of  the  United  States,  together  with  a  copy  of  said  Con- 
stitution and  ordinances. 

On  motion  of  Mr.  James,  the  report  was  received. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  the 
amendments  to  the  ordinance  reported  by  the  Committee  of  the 
Whole,  viz. : 

In  section  1,  to  strike  out  the  words  "is  hereby  authorized 
to,"  in  the  first  line,  and  insert  in  lieu  the  word  "shall;"  also 
by  filling  the  blanks  in  the  third  and  fifth  lines  by  inserting  in 
each  case  the  word  "first."  In  section  4,  to  strike  out  the  words 
"for  the  adoption  or  rejection  of  the  Constitution,"  in  the  first 
line;  also  by  striking  out  the  words  "shall  be,"  in  the  fifth  line; 
and  also  by  striking  out  in  same  line  the  words  "for  said,"  and 
inserting  in  lieu  the  words  "shall  be  for  the." 

On  motion  of  Mr.  Clark,  the  preamble  to  the  odinance  was 
stricken  out. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  1 
as  reported  by  the  Committee  of  the  Whole. 

Mr.  Hurd  moved  to  amend  section  2  as  reported  by  the 
Committee  of  the  Whole  by  striking  out  the  word  "upon,"  in 
the  first  line  and  inserting  in  lieu  the  word  "at,"  which  was 
agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Hurd. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  3 
as  reported  by  the  Committee  of  the  Whole. 

So  the  Convention  adopted  the  election  ordinance  in  the 
words  following: 

ELECTION    OKDINANCE. 

Section  1.  The  Governor  of  the  Territory  of  Colorado  shall 
issue  his  proclamation  for  the  submission  of  this  Constitution 
to  the  people  of  said  Territory  for  their  approval  or  rejection, 
on  the  first  day  of  July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-six,  and  this  Constitution  shall  be 
submitted  to  the  qualified  electors  of  said  Territory  in  the  sev- 
eral Counties  thereof  for  their  approval  or  rejection,  on  the  said 
first  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy-six. 

Sec.  2.  All  persons  who,  at  the  date  of  the  aforesaid  elec- 
tion, are  electors  under  the  laws  of  the  Territory  of  Colorado, 
shall  be  qualified  voters  upon  the  adoption  or  rejection  of  this 
Constitution,  and  said  election  shall  be  held  in  the  usual  places 
of  holding  elections,  and  be  conducted  in  the  same  manner  as 
is  prescribed  by  the  laws  of  said  Territory  regulating  elections. 


CONSTITUTIONAL   <  <>\vi:NTION.  607 

Sec.  3.  In  voting  upon  this  Constitution,  each  elector  shall 
deposit  in  the  ballot  box  a  ticket  whereon  shall  be  written  or 
printed,  "For  tin*  Constitution"  or  -. \»-:iinst  tin-  Constitution." 
or  such  other  words  that  shall  clearly  indicate  the  intention  of 
the  elector. 

Sec.  4.  The  votes  cast  at  said  election  shall  be  canvassed 
in  the  same  manner  as  is  prescribed  by  the  laws  of  the  Territory 
of  Colorado  for  canvassing  the  votes  of  all  general  elections,  and 
the  returns  of  said  election  shall  be  made  to  the  Governor  of 
the  Territory,  who,  with  the  Chief  Justice  and  the  United  Stnt.-s 
Attorney  of  said  Territory  or  any  two  of  them,  shall  canvass 
the  same,  and  if  a  majority  of  the  legal  votes  cast  shall  be  for 
the  Constitution,  the  Governor  shall  certify  the  same  to  the 
President  of  the  United  States,  together  with  a  copy  of  said 
Constitution  and  ordinances. 

On  motion  of  Mr.  Widderfield,  the  election  ordinance  adopt- 
ed by  the  Convention  was  ordered  engrossed  and  referred  to  the 
Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Plumb,  the  report  of  the  Committee  of 
the  Whole  on  the  article  on  Schedule  was  taken  from  the  table. 

On  motion  of  Mr.  Pease,  the  Convention  recommitted  section 
1  to  the  Committee  on  Schedule. 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  2 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Widderfield,  the  Convention  adopted  sec- 
tion 3  as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Plumb,  the  Convention  adopted  section  4 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Quillian,  the  Convention  adopted  section 
5  as  reported  by  the  Committee  of  the  Whole.  . 

On  motion  of  Mr.  Clark,  the  Convention  adopted  section  6 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  adopted  section  7 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred  in 
the  amendment  reported  by  the  Committee  of  the  Whole,  viz. : 

To  strike  out  the  word  "or"  after  the  word  "decree,"  in  the 
third  line. 

Mr.  Quillian  moved  to  amend  section  8  by  inserting  at  the 
beginning  of  the  section  the  words  "when  this  Constitution  goes 
into  effect,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Quillian. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 

8  as  reported  by  the  Committee  of  the  Whole,  as  amended. 

On  motion  of  Mr.  Stover,  the  Convention  adopted  section 

9  as  reported  by  the  Committee  of  the  Whole. 


608  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Cooper,  the  Convention  adopted  section  10 
as  reported  by  the  Committee  of  the  Whole. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  the 
amendment  reported  by  the  Committee  of  the  Whole,  viz. : 

To  insert  after  the  word  "offices,"  in  the  first  line,  the 
words  "except  county  commissioners." 

On  motion  of  Mr.  Quillian,  the  Convention  adopted  section 
11  as  reported  by  the  Committee  of  the  Whole. 

Mr.  Quillian  offered  the  following  as  an  additional  section, 
and  moved  its  adoption: 

The  provisions  of  this  Constitution  shall  be  in  force  from  the 
day  the  President  of  the  United  States  issues  his  proclamation 
declaring  Colorado  admitted  into  the  Union,  and  the  Governor, 
Secretary,  Treasurer,  Auditor,  Superintendent  of  Public  Instruc- 
tion and  Judges  of  the  Supreme  Court  of  the  Territory  of  Colo- 
rado shall  continue  to  discharge  the  duties  of  their  respective 
offices  and  in  the  judicial  districts,  after  the  admission  of  the 
State  into  the  Union  until  the  qualification  of  the  officers  elected 
under  the  State  government;  and  said  officers,  for  the  time  they 
may  serve,  shall  receive  the  same  compensation  as  the  State  of- 
ficers shall  by  law  be  paid  for  like  services. 

Mr.  Pease  moved  to  amend  the  additional  section  offered  by 
Mr.  Quillian,  by  inserting  after  the  words  "respective  officers"  the 
words  "and  in  the  same  Judicial  Districts,"  which  amendment 
was  accepted  by  Mr.  Quillian. 

And  the  question  being  on  the  motion  of  Mr.  Quillian  to 
adopt  the  additional  section  as  amended,  and  being  put,  it  was 
agreed  to. 

So  the  Convention  adopted  the  additional  section  as  section 
12,  offered  by  Mr.  Quillian,  as  amended. 

On  motion  of  Mr.  Felton,  the  article  on  Schedule  wag  laid 
upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Felton,  the  Committee  on  Revisions  and 
Adjustments  were  authorized  to  procure  any  printing  they  may 
require,  including  reports  and  other  matters  referred  to  that 
committee. 

Mr.  Cushman,  Chairman  of  the  Committee  on  Revenue  and 
Finance,  submitted  the  following  report: 

Denver,  Colo.,  March  6th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention: 

Your  standing  committee  to  whom  was  referred  the  resolu- 
tion directing  them  to  prepare  and  report  a  section  limiting  ap- 
propriations by  the  General  Assembly,  have  had  the  same  under 
consideration  and  submit  the  following: 

Respectfully,  WM.  H.  CUSHMAN, 

A.  K.  YOUNT, 
S.  J.  PLUMB, 
L.  C.  ELLSWORTH. 


CONSTITUTIONAL   CONVENTION.  I  JO!) 

Section  is.  No  appropriation  shall  be  made  nor  any  ex- 
authori/ed  by  the  <Jf»Meral  Assembly  whereby  the  ex- 
penditure of  the  Siatr.  during  the  next  fiscal  year,  shall  exceed 
tin*  total  nix  th<Mi  levied  and  applicable  for  such  appropriation 
or  i 'Xpcndil  lire,  unless  the  law  making  sncli  appropriation  <>i- 
authorizing  sucl,  e.\|>endit ure  shall  provide  for  levying  a  suffi- 
cient tax  to  pay  such  increased  appropriation  or  expenditure 
within  such  next  ensuing  fiscal  year. 

On  motion  of  Mr.  Felton.  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  James  moved  to  adjourn  until  9  o'clock  A.  M.  on  Wed- 
nesday. 

And,  the  question  being  upon  the  motion  of  Mr.  James  to 
adjourn  until  9  o'clock  on  Wednesday,  and  being  put,  it  resulted 
in  a  tie  vote — ayes,  10;  noes,  10. 

The  ayes  and  noes  being  called,  those  voting  in  the  affirma- 
tive are: 

Messrs.  Barela,  Clark,  Cooper,  Felton,  Garcia,  Hurd,  James, 
Quillian,  Wheeler  and  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Cushman,  Ellsworth,  Elder,  Lee,  Plumb,  Pease, 
Stover,  Webster,  Widderfield  and  Yount. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
James  to  adjourn. 

Mr.  Wells,  Chairman  of  the  Committee  on  Kevisions  and 
Adjustments,  presented  a  report  of  that  Committee  in  reference 
to  the  second  section  of  the  article  on  Miscellaneous  Subjects,  as 
follows : 

To  the  Honorable  the  President  and  Members  of  the  Constitu- 
tional Convention. 

Your  Committee  upon  Revisions  and  Adjustments  having 
had  under  consideration  the  article  concerning  Miscellaneous  Sub- 
jects, respectfully  recommend  that  section  2  of  said  article  be 
stricken  out,  and  that  the  words  "except  as  otherwise  provided 
in  this  Constitution''  be  suffixed  to  section  16  of  the  second  part 
of  the  article  on  Legislative  Department,  as  the  same  passed  the 
Convention,  said  section  now  being  numbered  30  in  the  article 
entitled  Legislative  Department. 

E.  T.  WELLS, 
Chairman. 

On  motion  of  Mr.  Felton,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  in  reference  to 
the  second  section  of  the  article  on  Miscellaneous  Subjects,  and 
the  Committee  were  instructed  to  carry  out  their  recommenda- 
tion. 

ao 


610  PROCEEDINGS    OF    THE 

Mr.  Felton  moved  that  the  report  of  the  Committee  on  Re- 
visions and  Adjustments  on  the  article  on  Mining  and  Irrigation 
be  taken  from  the  table. 

And,  the  question  being  upon  the  motion  of  Mr.  Felton, 
and  being  put,  and  a  division  called,  it  was  decided  in  the  nega- 
tive— ayes,  8;  noes,  12. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Felton  to  take  the  report  of  the  Committee  on  Revisions  and  Ad- 
justments on  the  article  on  Mining  and  Irrigation  from  the 
table. 

Mr.  Felton  moved,  that  in  order  to  give  the  Committees  on 
Revisions  and  Adjustments  and  Engrossing  and  Enrolling  an 
opportunity  to  complete  their  reports,  this  Convention  do  now 
adjourn  until  9  o'clock  A.  M.  on  Wednesday,  which  was  agreed  to. 

So  the  Convention  adjourned  until  9  o'clock  A.  M.  on  Wed- 
nesdav. 


CONSTITUTIONAL    CONVENTION.  611 


WEDNESDAY,  MARCH  8TH,  1876,  9  O'CLOCK  A.  M. 

Convention  met   pursuant  to  adjournment. 

Prayer  was  offered  by  the  KVv.  .Mr.   llawley. 

Knll  called. 

Absent — Messrs.  I'arda,  I'.mlcs,  Douglas,  Kbert,  Hough, 
Head,  Kennedy,  Marsh,  Meyer,  Rockwell,  Stone,  Thatcher,  Vigil, 
White  and  Wheeler. 

The  President  asked  that  the  leave  of  absence  of  Messrs. 
Stone  and  Thatcher  be  extend  until  tomorrow,  which  was 
granted. 

The  Journal  having  been  partially  read,  on  motion  of  Mr. 
Quillian,  the  further  reading  was  dispensed  with. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  presented  the  report  of  that  Committee  on  the 
articles  on  Revenue  and  Finance  and  Miscellaneous  Subjects, 
which,  on  his  own  motion,  were  received  and  laid  on  the  table 
for  future  consideration : 

•    Denver,  March  8th,  1876. 
To  the  Honorable  President  and  Constitutional  Convention   of 

Colorado : 

Your  Committee  upon  Revisions  and  Adjustments  (having) 
had  under  consideration  the  article  concerning  Revenue  and  Fi- 
nance as  heretofore  agreed  to,  beg  leave  to  report  the  same  with 
sundry  amendatures  therein  and  sundry  recommendations,  which 
will  appear  by  the  copy  thereof  hereto  attached.  Your  Committee 
also  beg  leave  to  report  the  article  entitled  Miscellaneous,  as  here- 
tofore agreed  to,  with  sundry  emendations  and  recommendations, 
which  will  appear  by  the  copy  thereof  hereto  attached. 
All  of  which  is  respectfully  submitted, 

E.  T.  WELLS, 

Chairman. 
.MISCELLANEOUS. 

Section  1.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers,  the  General  As- 
sembly shall  by  law  classify  the  several  Counties  of  the  State 
according  to  population,  and  shall  give  to  and  fix  the  compensa- 
tion of  the  officers  within  the  respective  classes  according  to  the 
population  thereof.  Such  law  shall  establish  scales  of  fees  to 
be  charged  and  collected  by  such  of  the  county  and  precinct  of- 
ficers as  may  be  designated  therein,  for  services  to  be  performed 
by  them  respectively,  and  where  salaries  are  provided,  the  same 
shall  bo  payable  only  out  of  the  fees  actually  collected  in  all 
rases  where  fees  are  prescribed.  All  fees,  perquisites  and  emolu- 
ments above  the  amount  of  such  salaries  shall  be  paid  into 
the  County  Treasury. 


612  PROCEEDINGS    OF    THE 

Sec.  2.  Recommended  to  be  stricken  out,  because  provided 
for  in  section  16  of  the  second  part  of  the  article  on  Legislature 
and  Legislation,  now  section  30  of  said  article:  recommended 
also  to  preface  to  said  last  mentioned  section  the  words,  "Except 
as  otherwise  provided  in  this  Constitution." 

Sec.  3.  The  General  Assembly  shall  pass  liberal  homestead 
and  exemption  laws. 

Sec.  4.  The  General  Assembly  shall  have  no  power  to.  auth- 
orize lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass 
laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in 
this  State. 

Sec.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
such  laws  as  may  be  necessary  and  proper  to  decide  differences 
by  arbitration,  to  be  appointed  by  mutual  agreement  of  the 
parties  to  any  controversy  who  may  choose  that  mode  of  ad- 
justment. The  powers  and  duties  of  such  arbitrators  shall  be 
as  prescribed  by  law. 

Sec.  6.  The  term  felony,  wherever  it  may  occur  in  this  Con- 
stitution or  in  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offense  punishable  by  death  or  imprisonment  in 
the  penitentiary,  and  none  other. 

Sec.  7.  The  term  of  office  of  any  officer  elected  to  fill  a 
vacancy  shall  terminate  at  the  expiration  of  the  term  during 
which  the  vacancy  occurred. 

Sec.  8.  No  person  who  shall  hereafter  fight  a  duel  or  assist 
in  the  same  as  a  second;  or  send,  accept,  or  knowingly  carry  a 
challenge  therefor,  or  agree  to  go  out  of  this  State  to  fight  a  duel, 
shall  hold  any  office  in  the  State. 

REVENUE  AND  FINANCE. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
annual  tax  sufficient,  with  other  resources,  to  defray  the  estimated 
expenses  of  the  State  Government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  Territorial  limits  of  the  authority  levying  the 
tax,  and  shall  be  levied  and  collected  under  general  laws,  which 
shall  prescribe  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property,  real  and  personal.  Provided,  That 
mines  and  mining  claims  bearing  gold,  silver  and  other  precious 
metals,  except  the  net  proceeds  and  surface  improvements  thereof, 
shall  be  exempt  from  taxation  for  the  period  of  ten  years  from 
the  date  of  the  adoption  of  this  Constitution,  and  thereafter  may 
be  taxed  as  provided  by  law.  Ditches,  canals  and  flumes,  owned 
and  used  by  individuals  or  corporations  for  irrigating  lands, 
owned  by  such  individuals  or  corporations,  or  the  individual 
members  thereof,  shall  not  be  separately  taxed,  so  long  as  they 
shall  be  owned  and  used  exclusively  for  such  purposes. 


CONSTITUTIONAL    CONVENTION.  U  1  X 

SIT.  4.     The  property,  real  ;m<l   |>ersonal.  of  the  State,  conn 
ties,  cities,  towns  and  other  niunieipal  corporations,  and  public 
libraries,  shall  be  exempt  from  taxation. 

Sec.  5.  Lots,  with  the  buildings  thereon,  if  said  buildings 
are  used  solely  and  exclusively  for  religious  worship,  for  schools, 
or  for  strictly  charitable  purposes,  also  cemeteries  not  used  or 
held  for  private  or  corporate  profit,  shall  be  exempt  from  taxa- 
tion, unless  otherwise  provided  by  general  law. 

Sec.  6.  All  laws  exempting  from  taxation  property  other 
than  that  hereinbefore  mentioned  shall  be  void. 

Sec.  7.  The  General  Assembly  shall  not  impose  taxes  for 
the  purposes  of  any  city,  town  or  other  municipal  corporation, 
but  may,  by  law,  vest  in  the  corporate  authorities  thereof  the 
power  to  assess  and  collect  taxes  for  all  purposes  of  such  cor- 
poration. 

Sec.  8.  No  county,  city,  town  or  other  municipal  corpora- 
tion, the  inhabitants  thereof  nor  the  property  therein,  shall  be 
released  or  discharged  from  their  or  its  proportionate  share  of 
taxes  to  be  levied  for  State  purposes. 

Sec.  9.  The  power  to  tax  corporations  and  corporate  prop- 
erty, real  and  personal,  shall  never  be  relinquished  or  suspended. 

Sec.  10.  All  corporations  in  this  State  or  doing  business 
therein,  shall  be  subject  to  taxation  for  State,  county,  school, 
municipal  and  other  purposes  on  the  real  and  personal  prop- 
erty owned  or  used  by  them  within  the  Territorial  limits  of  the 
authority  levying  the  tax. 

Section  11.  The  rate  of  taxation  on  property  for  State  pur- 
poses shall  never  exceed  six  mills  on  each  dollar  of  valuation, 
and  whenever  the  taxable  property  within  the  State  shall  amount 
to  one  hundred  million  dollars,  the  rate  shall  not  exceed  four 
mills  on  each  dollar  of  valuation;  and  whenever  the  taxable 
property  within  the  State  shall  amount  to  three  hundred  mil- 
lion dollars,  the  rate  shall  never  thereafter  exceed  two  mills 
on  each  dollar  of  valuation,  unless  a  proposition  to  increase  such 
rate  specifying  the  rate  proposed  and  the  time  during  which  the 
same  shall  be  levied,  (be  first)  submitted  to  a  vote  of  such  of  the 
qualified  electors  of  the  State,  as  in  the  year  next  preceding  such 
election  shall  have  paid  a  property  tax  assessed  to  them  within 
the  State,  and  a  majority  of  those  voting  thereon  shall  vote  in 
favor  thereof  in  such  manner  as  may  be  provided  by  law. 

Substitute  recommended  for  sections  12  and  13.     * 

Sec.  12.  The  Treasurer  shall  keep  a  separate  account  of 
each  fund  in  his  hands,  and  shall,  at  the  end  of  each  quarter  of 
the  fiscal  year,  report  to  the  Governor  in  writing,  under  oath,  the 
amount  of  all  moneys  in  his  hands  to  the  credit  of  every  such 
fund,  and  the  place  where  are  kept  on  deposit,  and  the  number 
and  amount  of  every  warrant  received,  and  the  number  and 
amount  of  every  warrant  paid  therefrom  during  the  quarter. 
Swearing  falsely  to  any  such  report  shall  be  deemed  perjury. 


614 


PROCEEDINGS    OF    THE 


The  Governor  shall  cause  every  such  report  to  be  immediately 
published  in  at  least  one  newspaper  printed  at  the  seat  of  Gov- 
ernment, and  otherwise  as  the  General  Assembly  may  require. 

The  General  Assembly  may  provide  by  law  further  regula- 
tions for  the  safe  keeping  and  management  of  the  public  funds 
in  the  hands  of  the  Treasurer,  but  notwithstanding,  any  such 
regulation,  the  Treasurer  and  his  sureties  shall  in  all  cases  be 
held  responsible  therefor. 

Sec.  14.  The  making  of  profit  directly  or  indirectly  out  of 
any  State,  county,  city,  town  or  school  district  money,  or  using 
the  same  for  any  purpose  not  authorized  by  law,  by  any  public 
officer,  shall  be  deemed  a  felony,  and  shall  be  punished  as  provided 
by  law. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for 
the  payment  of  the  corporate  debt  of  municipal  corporations. 

Sec.  16.  Recommended  to  be  stricken  out,  because  provided 
for  in  section  14  of  the  article  on  Public  Indebtedness,  except 
the  last  clause,  which  is  recommended  to  be  carried  to  the  end 
of  the  section  named. 

Sec.  17.  There  shall  be  a  State  Board  of  Equalization  con- 
sisting of  the  Governor,  State  Auditor,  State  Treasurer,  Secre- 
tary of  State  and  Attorney  General;  also  in  each  county  of  this 
State  a  County  Board  of  Equalization,  consisting  of  the  board 
of  county  commissioners  of  said  county.  The  duty  of  the  State 
Board  of  Equalization  shall  be  to  adjust  and  equalize  the  valua- 
tion of  real  and  personal  property  among  the  several  counties  of 
the  State.  The  duty  of  the  county  board  of  equalization  shall 
be  to  adjust  and  equalize  the  valuation  of  real  and  personal  prop- 
erty within  their  respective  counties.  Each  board  shall  also  per- 
form such  other  duties  as  may  be  prescribed  by  law. 

Mr.  Cooper,  Chairman  of  the  Committee  of  Engrossing  and 
Enrolling,  reported  back  to  the  Convention  the  Election  Ordi- 
nance as  correctly  engrossed. 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Eevisions  and  Adjustments. 

Mr.  Quillian,  Chairman  of  the  Committee  on  Schedule,  sub- 
mitted the  following  report  of  that  Committee,  wThich,  on  his  own 
motion,  was  laid  upon  the  table  for  future  consideration : 

Denver,  March  8th,  1876. 

To  the  Honorable  President  and  Constitutional   Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Schedule  to  whom  was  re- 
committed section  1  of  their  report,  beg  leave  to  report  the  same 
back  unaltered. 

R.  A.  QUILLIAN, 

Chairman. 

Mr.  Webster,  of  the  Committee  on  Printing,  reported  back  to 
the  Convention  the  reports  of  the  Committee  on  Revisions  and 


CONSTITUTIONAL   CONVENTION.  615 

Adjustments  on  the  articles  entitled  "Revenue  and  Finance"  and 
".Miscellaneous,"  as  correctly  printed;  and  also  the  supplement- 
ary report  of  the  Committee  on  Revenue  and  Finance  as  correctly 
printed. 

There  being  no  objection,  the  reports  were  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  on  Mining  and  Irriga- 
tion, was  in  ken  I'min  the  table  and  considered  by  sections.  Sec- 
tion 1  and  2  as  revised  by  the  Committee  were  approved  by  the 
Convention.  Sections  3,  4,  5  and  6  remain  unchanged.  Section 
7  as  revised  by  the  Committee  was  approved  by  the  Convention. 
Section  8  remains  unchanged. 

So  the  Convention  approved  the  article  on  Mining  and  Irriga- 
tion in  the  words  following: 

MINING  AND  IRRIGATION. 

MINING. 

Sec.  1.  There  shall  be  established  and  maintained  the  office 
of  Commissioner  of  Mines,  the  duties  and  salary  of  which  shall 
be  prescribed  by  law.  When  said  office  shall  be  established,  the 
Governor  shall,  with  the  advice  and  consent  of  the  Senate,  ap- 
point thereto  a  person  known  to  be  competent,  whose  term  of  of- 
fice shall  be  four  years. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  the 
proper  ventilation  of  mines;  the  construction  of  escapement 
shafts,  and  such  other  appliances  as  may  be  necessary  to  protect 
the  health  and  secure  the  safety  of  the  workmen  therein,  and 
shall  prohibit  the  employment  in  the  mines  of  children  under 
twelve  years  of  age. 

Sec.  3.  The  General  Assembly  may  make  such  regulations 
from  time  to  time  as  may  be  necessary  for  the  proper  and  equit- 
able drainage  of  mines. 

Sec.  4.  The  General  Assembly  may  provide  that  the  science 
of  mining  and  metallurgy  be  taught  in  one  or  more  of  the  in- 
stitutions of  learning  under  the  patronage  of  the  State. 

IRRIGATION. 

Sec.  5.  The  water  of  every  natural  stream,  not  heretofore 
appropriated,  within  the  State  of  Colorado,  is  hereby  declared  to 
be  the  property  of  the  public,  and  the  same  is  dedicated  to  the 
use  of  the  people  of  the  State,  subject  to  appropriation  as  herein- 
after provided. 

Sec.  6.  The  right  to  divert  the  unappropriated  waters  of 
any  natural  stream  to  beneficial  uses  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  water  for  the  same  purpose;  but  when  the  waters 
of  any  natural  stream  are  not  sufficient  for  the  service  of  all 


61(5  PROCEEDINGS    OP    THE 

those  desiring  the  use  of  the  same,  those  using  the  water  for 
domestic  purposes  shall  have  the  preference  over  those  claiming 
for  any  other  purpose,  and  those  using  the  water  for  agricul- 
tural purposes  shall  have  preference  over  those  using  the  same 
for  manufacturing  purposes. 

Sec.  7.  All  persons  and  corporations  shall  have  the  right 
of  way  across  public  and  private  and  corporate  lands  for  the 
construction  of  ditches,  canals  and  flumes  for  the  purpose  of 
conveying  water  for  domestic  purposes,  for  the  irrigation  o1' 
agricultural  lands,  and  for  mining  and  manufacturing  purpose*! 
and  for  drainage,  upon  payment  of  just  compensation. 

Sec.  8.  The  General  Assembly  shall  provide  by  law  that  the 
Board  of  County  Commissioners,  in  their  respective  counties, 
shall  have  power,  when  application  is  made  to  them  by  either 
party  interested,  to  establish  reasonable  maximum  rates  to  be 
charged  for  the  use  of  water,  whether  furnished  by  individuals 
or  corporations. 

On  motion  of  Mr.  Wells,  the  article  on  mining  and  irriga- 
tion, as  approved  by  the  Convention,  wras  recommitted  to  the 
Committee  on  Revisions  and  Adjustments  for  adjustment  in  the 
Constitution,  and  the  Secretary  was  instructed  to  furnish  the 
Committee  on  Engrossing  and  Enrolling  with  a  copy  for  enroll- 
ment. 

Mr.  Marsh  appeared  and  took  his  seat. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  on  Revenue  and  Fi- 
nance was  taken  from  the  table,  and  considered  by  sections. 

Sections  1  and  2  remain  unchanged;  section  3,  as  revised  by 
the  committee,  was  approved  by  the  Convention;  sections  4  and 
5  remain  unchanged;  sections  6  and  7,  as  revised  by  the  com- 
mittee, were  approved  by  the  Convention;  section  8  remains 
unchanged;  section  11,  as  revised  by  the  committee,  was  ap- 
proved by  the  Convention. 

On  motion  of  Mr.  James,  the  Convention  concurred  in 
and  approved  the  action  of  the  committee  in  striking  out  sec- 
tions 12  and  13  and  inserting  the  following  substitute  in  lieu 
thereof : 

Sec.  12.  The  Treasurer  shall  keep  a  separate  account  of 
each  fund  in  his  hands,  and  shall,  at  the  end  of  each  quarter  of 
the  fiscal  year,  report  to  the  Governor  in  writing,  under  oath, 
the  amount  of  all  moneys  in  his  hands  to  the  credit  of  every 
such  fund  and  the  place  where  the  same  are  kept  or  deposited, 
and  the  number  and  amount  of  every  warrant  paid  therefrom 
during  the  quarter.  Swearing  falsely  to  any  such  report  shall 
be  deemed  perjury. 

Section  14,  as  revised  by  the  committee,  was  approved  by 
the  Convention;  section  15  remains  unchanged. 

On  motion  of  Mr.  Felton,  the  convention  concurred  in  and 
approved  the  action  of  the  committee  in  striking  out  section  16 


CON8TIT!  TIONAL  ro\  \  I:\IION. 

and  carrying  the  last  clause  thereof  to  the  end  of  section  4  of 
the  article  on  State.  County  and  Municipal  Indebtedness. 

Section  IT,  MS  revised  by  the  committee,  was  approved  by 
the  Convention. 

So  the  Convention  approved  the  article  on  Revenue  and 
Finance  in  the  words  following: 

REVENUE  AND  FINANCE. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  General  Assembly  shall  provide  by  law  for  an 
annual  tax  sufficient,  with  other  resources,  to  defray  the  esti- 
mated expenses  of  the  State  Government  for  each  fiscal  year. 

Sec.  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  territorial  limits  of  the  authority  levying  the 
tax,  and  shall  be  levied  and  collected  under  general  laws,  which 
shall  prescribe  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property,  real  and  personal.  Provided,  That 
mines  and  mining  claims  bearing  gold,  silver  and  other  precious 
metals  (except  the  net  proceeds  and  surface  improvements  there 
of)  shall  be  exempt  from  taxation  for  the  period  of  ten  years 
from  the  date  of  the  adoption  of  this  Constitution,  and  there- 
after may  be  taxed  as  provided  by  law.  Ditches,  canals  and 
flumes  owned  and  used  by  individuals  or  corporations  for  irri- 
gating lands  owned  by  such  individuals  or  corporation,  or  the 
individual  members  thereof,  shall  not  be  separately  taxed,  so 
long  as  they  shall  be  owned  and  used  exclusively  for  such  pur- 
pose. 

Sec.  4.  The  property,  real  and  personal,  of  the  State,  coun 
ties,  cities,  towns  and  other  municipal  corporations,  and  public 
libraries,  shall  be  exempt  from  taxation. 

Sec.  5.  Lots,  with  the  buildings  thereon,  if  said  buildings 
are  used  solely  and  exclusively  for  religious  worship,  for  schools 
or  for  strictly  charitable  purposes,  also  cemeteries  not  used  or 
held  for  private  or  corporate  profit,  shall  be  exempt  from  taxa- 
tion, unless  otherwise  provided  by  general  law. 

Sec.  6.  All  laws  exempting  from  taxation  property  other 
than  that  hereinbefore  mentioned  shall  be  void. 

Sec.  7.  The  General  Assembly  shall  not  impose  taxes  for 
the  purposes  of  any  county,  city,  town  or  other  municipal  cor- 
poration, but  may  by  law  vest  in  the  corporate  authorities  there 
of,  respectively,  the  power  to  assess  and  collect  taxes  for  all 
purposes  of  such  corporation. 

Sec.  8.  No  county,  city,  town,  or  other  municipal  corpora- 
tion, the  inhabitants  thereof  nor  the  property  therein,  shall  be 
released  or  dicharged  from  their  or  its  proportionate  share  of 
taxes  to  be  levied  for  State  purposes. 


618  PROCEEDINGS   OP   THE 

Sec.  9.  The  power  to  tax  corporations  and  corporate  prop- 
erty, real  and  personal,  shall  never  be  relinquished  or  sus- 
pended. 

Sec.  10.  All  corporations  in  this  State,  or  doing  business 
therein,  shall  be  subject  to  taxation  for  State,  county,  school, 
municipal  and  other  purposes  on  the  real  and  personal  property 
owned  or  used  by  them  within  the  territorial  limits  of  the"  au- 
thority levying  the  tax. 

Sec.  11.  The  rate  of  taxation  on  property  for  State  pur- 
poses shall  never  exceed  six  mills  on  each  dollar  of  valuation; 
and  whenever  the  taxable  property  within  the  State  shall 
amount  to  one  hundred  million  dollars,  the  rate  shall  not  exceed 
four  mills  on  each  dollar  of  valuation;  and  whenever  the  tax- 
able property  within  the  State  shall  amount  to  three  hundred 
million  dollars,  the  rate  shall  never  thereafter  exceed  two  mills 
on  each  dollar  of  valuation,  unless  a  proposition  to  increase  such 
rate,  specifying  the  rate  proposed  and  the  time  during  which 
the  same  shall  be  levied,  be  first  submitted  to  a  vote  of  sucK 
of  the  qualified  electors  of  the  State  as  in  the  year  next  preced- 
ing such  election  shall  have  paid  a  property  tax  assessed  to  them 
within  the  State,  and  a  majority  of  those  voting  thereon  shall 
vote  in  favor  thereof  in  such  manner  as  may  be  prescribed  by 
law. 

Sec.  12.  The  Treasurer  shall  keep  a  separate  account  of 
each  fund  in  his  hands,  and  shall,  at  the  end  of  each  quarter  of 
the  fiscal  year,  report  to  the  Governor  in  writing,  under  oath, 
the  amount  of  all  moneys  in  his  hands  to  the  credit  of  every 
such  fund,  and  the  place  where  the  same  are  kept  or  deposited, 
and  the  number  and  amount  of  every  wrarrant  received  and  the 
number  and  amount  of  every  warrant  paid  therefrom  during 
the  quarter.  Swearing  falsely  to  any  such  report  shall  be 
deemed  perjury. 

The  Governor  shall  ca.use  every  such  report  to  be  imme- 
diately published  in  at  least  one  newspaper  printed  at  the  seat 
of  government,  and  otherwise  as  the  General  Assembly  may 
require. 

The  General  Assembly  may  provide  by  law  further  regula- 
tions for  the  safe  keeping  and  management  of  the  public  funds 
in  the  hands  of  the  Treasurer;  but,  notwithstanding  any  such 
regulation,  the  Treasurer  and  his  sureties  shall  in  all  cases  be 
held  responsible  therefor. 

Sec.  14.  The  making  of  profit  directly  or  indirectly  out  of 
State,  county,  city,  town  or  school  district  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  by  any  public  offi- 
cer, shall  be  deemed  a  felony,  and  shall  be  punished  as  provided 
by  law. 

S(ec.  15.  Private  property  shall  not  be  taken  or  sold  for  the 
payment  of  the  corporate  debt  of  municipal  corporations. 


619 

Section  ir».  Recommended  i<>  l>o  stricken  out  because  pro- 
vid<<!  for  in  section  1  of  the  article  on  Public  Indebtedness,  ex- 
<  ept  the  last  clause,  which  is  recommended  to  be  carried  to  the 
end  of  the  section  named. 

Sec.  17.  There  shall  be  a  State  Board  of  Equalization,  con- 
sisting of  the  Governor,  State  Auditor,  State  Treasurer,  Secre- 
tary of  State  and  Attorney  General;  also,  in  each  county  of  this 
State  a  county  board  of  equalization,  consisting  of  the  board  of 
count}'  commissioners  of  said  county.  The  duty  of  the  State 
Board  of  Penalization  shall  be  to  adjust  and  equalize  the  valua- 
tion of  real  and  personal  property  among  the  several  counties 
of  the  State.  The  duty  of  the  county  board  of  equalization  shall 
be  to  adjust  and  equalize  the  valuation  of  real  and  personal 
property  within  their  respective  counties.  Each  board  shall  also 
perform  such  other  duties  as  may  be  prescribed  by  law. 

On  motion  of  Mr.  Wells,  the  article  on  Revenue  and  Finance, 
as  approved  by  the  Convention,  was  recommitted  to  the  Com- 
mittee on  Revisions  and  Adjustments  for  adjustment  in  the  Con- 
stitution, and  the  Secretary  was  instructed  to  furnish  the  Com- 
mittee on  Engrossing  and  Enrolling  with  a  copy  for  enrollment. 

On  motion  of  Mr.  Carr,  the  additional  section  to  the  article 
on  Revenue  and  Finance  reported  by  the  committee  was  taken 
from  the  table. 

Mr.  Hurd  moved  to  amend  the  section  by  striking  out  the 
word  "the"  after  the  word  "during,"  in  the  second  line,  and  in- 
serting in  lieu  thereof  the  word  "any,"  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Hurd. 

Mr.  Pease  moved  to  amend  the  section  by  striking  out  the 
words  "the  next  ensuing,"  in  second  line,  and  inserting  in  lieu 
the  word  "any ;"  also,  by  striking  out  the  words  "next  ensuing," 
in  fifth  line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 

Mr.  Bromwell  offered  the  following  substitute  for  the  section 
reported  by  the  committee : 

"The  General  Assembly  shall  not  make  any  appropriation 
nor  authorize  any  expenditure  whereby  the  expenditure  of  the 
&tate,  during  the  next  two  fiscal  years  or  either  of  them,  shall  be 
increased  beyond  the  amount  of  tax  applicable  to  the  payment 
of  such  appropriation  or  expenditure,  unless  the  law  making  such 
appropriation  or  authorizing  such  expenditure  shall  provide  for 
the  levying  of  such  tax  as  will  be  sufficient  to  pay  such  increased 
appropriation  or  expenditure,  within  the  fiscal  year  or  years  in 
which  such  appropriation  or  expenditure  shall  be  payable.  This 
provision  shall  not  apply  to  appropriations  or  expenditures  to 
suppress  insurrection,  defend  the  State  or  assist  in  defending  the 
United  States  in  time  of  war." 


620  PROCEEDINGS    OF    THE 

And  the  question  being  upon  the  motion  of  Mr.  Bromwell  to 
strike  out  the  section  reported  by  the  committee  and  insert  in 
lieu  the  above  substitute,  and  being  put,  it  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Bromwell. 

Mr.  Webster  moved  to  amend  the  section  reported  by  the 
committee  by  striking  out  the  words  "the  law  making  such  ap- 
propriation or  authorizing  such  expenditure  shall  provide  for 
levying,"  in  third  and  fourth  lines,  and  inserting  in  lieu  the 
words  "the  general  levy,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Webster. 

Mr.  Pease  moved  to  amend  the  section  by  adding  thereto  the 
words  ''This  provision  shall  not  apply  to  appropriations  or  ex- 
penditures to  suppress  insurection,  defend  the  State  or  assist  in 
defending  the  United  States  in  time  of  war,"  which  was  agreed 
to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 

Mr.  Bromwell  moved  to  amend  the  section  by  inserting  after 
the  word  "tax,"  in  the  fourth  line,  the  words  "not  exceeding  the 
rates  allowed  in  section  11  of  this  article,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Bromwell. 

Mr.  Beck  moved  the  adoption  of  the  section,  as  amended,  as 
section  18. 

And  the  question  being^  "Will  the  Convention  Adopt  the 
Additional  Section  Reported  by  the  Committee  on  Revenue  and 
Finance  as  Amended?"  and  being  put,  it  was  decided  in  the  affir- 
mative— ayes,  17 ;  noes,  6. 

The  ayes  and  noes  being  called  for: 

Those  voting  in  the  affirmative  are — Messrs.  Bromwell,  Beck, 
Cushman,  Clark,  Crosby,  Ellsworth,  Elder,  Felton,  Garcia,  Hurd, 
James,  Lee,  Pease,  Stover,  Webster,  Widderfield,  Mr.  President. 

Those  voting  in  the  negative  are — Messrs.  Cooper,  Marsh, 
Plumb,  Quillian,  Wilcox  and  Yount. 

So  the  Convention  adopted  the  additional  section,  as 
amended,  as  section  18. 

Mr.  Bromwell  offered  the  following  additional  section  to  the 
article  on  Revenue  and  Finance  and  moved  its  adoption : 

"No  county,  city,  town  or  school  district  shall  make  any  ap- 
propriation or  authorize  any  expenditure  whereby  the  expendi- 
ture of  such  county,  city,  town  or  school  district  for  the  next  en- 
suing fiscal  year  shall  be  increased  beyond  the  amount  of  tax  then 
levied  and  applicable  for  payment  of  such  appropriation  or  ex- 
penditure and  ten  per  cent,  thereon,  unless  the  order  or  ordinance 
making  such  appropriation  or  authorizing  such  expenditure  shall 


CONMIM    PIONAL   CONVENTION.  621 

pn.\idc  for  a  lax  sulVicicul  to  pay  the  same  within  such  fiscal 
year." 

Mr.  Kllswnrth  oilers  the  following  as  a  substitute  for  the  ad- 
ditional section  offered  by  Mr.  Bromwell. 

••The  (Jciieral  Assembly  shall  pass  laws  to  restrict  the 
amount  of  appropriations  <>r  expemlitures  that  may  be  made  by 
counties,  cities.  to\vns  or  school  districts." 

On  motion  of  Mr.  Webster,  the  Convention  adjourned  until 
2  o'clock  p.  m.  

2  O'CLOCK  P.  M. 

( 'onvention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Douglas,  Ebert,  Hurd,  Hough,  Head, 
Kennedy.  Meyer,  Rockwell,  Stone,  Thatcher,  Vigil,  White  and 
Wheeler. 

The  Convention  resumed  the  business  unfinished  at  the  last 
adjournment,  viz. :  The  consideration  of  the  additional  section 
to  the  article  on  Revenue  and  Finance  offered  by  Mr.  Bromwell, 
and  the  substitute  therefor  offered  by  Mr.  Ellsworth. 

Mr.  Wells  moved  that  the  consideration  of  the  additional 
section  and  substitute  be  postponed,  which  was  agreed  to. 

Mr.  Wells,  chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, submitted  a  report  of  that  committee,  as  follows: 

To  the  Hon.  President  and  Constitutional  Convention  of  Colo- 
rado: 

Gentlemen — Your  Committee  upon  Revisions  and  Adjust- 
ments, to  whom  have  been  heretofore  referred  the  several  articles 
hereinafter  mentioned,  beg  leave  to  recommend  the  following 
several  emendations  therein,  to-wit: 

In  the  article  concerning  Legislative  Department,  in  section  2 
thereof,  as  heretofore  reported  by  this  committee  and  agreed  to,  in 
line  2  of  said  section,  according  to  the  printed  copy  of  the  report  of 
this  committee  (C.  C.  R.  No.  58),  strike  out  the  words  "of  our 
Lord"  and  the  figures  "1876"  and  insert  in  lieu  thereof  the  words 
"eighteen  hundred  and  seventy-six."  In  the  same  line,  strike  out 
the  figures  "1878"  and  insert  in  lieu  thereof  the  words  "eighteen 
hundred  and  seventy -eight."  In  section  7  of  the  same  article  in  lieu, 
and  of  the  same  printed  copy,  strike  out  the  figures  "12"  and  insert 
the  word  "twelve."  In  line  2,  strike  out  "A.  D.  1876,"  and  insert 
the  words:  "In  the  year  eighteen  hundred  and  seventy-six."  In 
the  -same  line,  strike  out  the  figures  "12"  and  insert  the  word 
"twelve."  In  lines  two  and  three,  strike  out  "A.  D.  1879"  and 
insert  in  lieu  the  words:  "In  the  year  eighteen  hundred  and 
seventy-nine."  In  line  3,  strike  out  "12"  and  insert  the  word 
"twelve."  In  section  (8)  of  the  article  concerning  Judiciary,  in 
line  (3)  three  thereof,  according  to  the  same  printed  copy  of  the 


622  PROCEEDINGS    OF    THE 

former  report  of  this  committee  thereon  (C.  C.  E.  No.  65),  insert 
after  the  words  "nine  years"  the  following:  "The  lot  shall  be 
drawn  by  the  judges,  who  shall  for  that  purpose  assemble  at 
the  seat  of  government,  and  they  shall  cause  the  result  thereof 
to  be  certified  to  the  Secretary  of  the  Territory  and  filed  in  his 
office."  In  section  21  of  said  article,  according  to  the  same 
printed  copy,  insert  after  the  word  "elected,"  in  line  one,  the 
words  "by  the  qualified  electors  of  each  judicial  district."  In 
line  2,  strike  out  the  words  "each  judicial"  and  insert  "such." 
All  of  which  is  respectfully  submitted. 

E.  T.  WELLS, 

Chairman. 

Mr.  Wells  moved  that  the  Convention  concur  in  and  ap- 
prove the  recommendations  of  the  committee,  in  reference  to 
section  2  of  the  article  on  Legislative  department,  which  was 
not  agreed  to. 

So  the  Convention  refused  to  concur  in  and  approve  the 
recommendations  of  the  committee,  in  reference  to  section  2  of 
the  article  on  Legislative  department. 

Mr.  Wells  moved  that  the  Convention  concur  in  and  ap- 
prove the  recommendations  of  the  committee,  in  reference  to 
section  7  of  the  article  on  Legislative  department,  which  was 
not  agreed  to. 

So  the  Convention  refused  to  concur  in  and  approve  the 
recommendations  of  the  committee  in  reference  to  section  7  of 
the  article  on  the  Legislative  department. 

On  motion  of  Mr.  Ellsworth,  the  Convention  concurred  in 
and  approved  the  recommendations  of  the  committee  in  refer- 
ence to  section  8  of  the  article  on  the  Judicial  department. 

On  motion  of  Mr.  Plumb,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  in  reference  to 
section  21  of  the  article  on  the  Judicial  department. 

On  motion  of  Mr.  Wells,  the  Secretary  was  instructed  to 
furnish  the  Committee  on  Engrossing  and  Enrolling  with  certi- 
fied copies  of  the  revised  sections  above,  as  approved  by  the  Con- 
vention. 

The  Convention  then  resumed  the  consideration  of  the  addi- 
tional section  to  the  article  on  Revenue  and  Finance,  offered 
by  Mr.  Bromwell,  and  the  substitute  therefor,  offered  by  Mr. 
Ellsworth. 

And  the  question  being  upon  the  motion  of  Mr.  Ellsworth 
to  strike  out  the  section  offered  by  Mr.  Bromwell  and  insert  in 
lieu  the  substitute  above  mentioned  and  being  put,  it  was  not 
agreed  to. 

So  the  Convention  refused  to  adopt  the  substitute  offered  by 
Mr.  Ellsworth. 

And  the  question  then  being,  "will  the  Convention  adopt 

the  additional  section  to  the  article  on  Revenue  and  Finance, 


CONSTITI  TIONAL   <  <».\VI;\TION.  623 

otVcrrd  by  Mr.  I'.nmiwHl?"  mid  IMMIIJX  put.  it  was  not  agreed  1<>. 
So  the  Convention  refused  to  adopt  the  section  offered  by  Mr. 
Bromwell. 

On  motion  of  Mr.  Beck,  the  additional  section  to  the  article 
on  Revenue  and  Finance  (section  18),  reported  by  the  Committee 
en  Revenue  and  Finance  and  amended  as  follows,  was  referred 
to  the  Committee  on  Revisions  and  Adjustments  for  adjust- 
ment in  the  Constitution,  and  the  Secretary  was  instructed  to 
furnish  the  Committee  on  Engrossing  and  Enrolling  with  a  cer- 
tified copy  for  enrollment. 

Sec.  18.  No  appropriation  shall  be  made  nor  any  expendi- 
ture authorized  by  the  General  Assembly,  whereby  the  expendi- 
ture of  the  State  during  any  fiscal  year  shall  exceed  the  total 
tax  then  levied  and  applicable  for  such  appropriation  or  expen- 
diture, unless  the  General  Assembly  making  such  appropria- 
tions shall  levy  a  sufficient  tax,  not  exceeding  the  rates  allowed 
in  section  11  of  this  article,  to  pay  such  increased  appropriation 
or  expenditure  within  such  fiscal  year.  This  provision  shall  not 
apply  to  appropriations  or  expenditures  to  suppress  insurrec- 
tion, defend  the  State  or  assist  in  defending  the  United  States 
in  time  of  war. 

Mr.  Webster  offered  the  following  resolution,  which  on  his 
own  motion  was  adopted,  and  the  Secretary  was  instructed  to 
furnish  the  Committee  on  Revisions  and  Adjustments  with  a 
certified  copy  thereof,  viz.: 

"Resolved,  That  the  Committee  on  Revisions  and  Adjust- 
ments be,  and  are  hereby  instructed  to  strike  out  the  word 
"such,"  in  the  ninth  line  of  section  6  of  the  article  on  State, 
County  and  Municipal  Indebtedness." 

On  motion  of  Mr.  Felton,  the  report  of  the  Committee  on 
Schedule,  on  section  1  of  that  article,  was  taken  from  the  table. 

Mr.  Clark  moved  to  amend  the  Preamble  by  striking  out 
the  word  "permanent,"  in  the  second  line,  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mi.  Clark. 

Mr.  Clark  moved  to  amend  the  Preamble  by  striking  out 
the  word  "Government,"  in  the  second  line. 

And  the  question  being  upon  the  motion  of  Mr.  Clark  to 
strike  out  the  word  "Government,"  in  the  second  line,  and  being 
put  and  a  division  called,  it  was  decided  in  the  negative — Ayes, 
9;  noes,  11. 

So  the  Convention  refused  to  concur  in  the  amendment  of- 
fered by  Mr.  Clark  to  strike  out  the  word  Government. 

Mr.  Felton  moved  to  strike  out  the  Preamble  to  the  article, 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Felton  to  strike  out  the  "Preamble." 


PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Carr,  the  Preamble  to  the  article,  as 
amended,  was  adopted  by  the  Convention. 

Mr.  Plumb  moved  the  adoption  of  section  1  as  reported  by 
the  committee. 

And  the  question  being,  "Will  the  Convention  adopt  section 
1  of  the  article  on  Schedule,  as  reported  by  the  committee?"  and 
being  put,  it  was  decided  in  the  Affirmative — Ayes,  21;  noes,  z. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affir- 
mative are: 

Messrs.  Barela,  Bromwell,    Beck,    Carr,    Cushman,    Clark, 
Cooper,   Ellsworth,  Elder,  Felton,  Garcia,  James,  Lee,  Marsh, 
Plumb,  Quillian,  Stover,  Wells,  Widderfield,  Yount,  Mr.  Presi 
dent. 

Messrs.  Pease  and  Webster  voted  in  the  negative. 
So  the  Convention  adopted  section  1  as  reported  by  the 
committee. 

So  the  Convention  adopted  the  article  on  Schedule  in  the 
words  following: 

SCHEDULE. 

That  no  inconvenience  may  arise  by  reason  of  the  change 
from  a  Territorial  form  of  Government  to  that  of  a  State  Gov- 
ernment, it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  shall  remain  in  full 
force  until  they  expire  by  their  own  limitation,  or  are  altered 
or  repealed  by  the  General  Assembly;  and  all  rights,  actions, 
prosecutions,  claims  and  contracts  of  the  Territory  of  Colorado, 
counties,  individuals  or  bodies  corporate  (not  inconsistent  there- 
with), shall  continue  as  if  the  form  of  Government  had  not  been 
<-hanged  and  this  Constitution  adopted. 

Section  2.  That  all  recognizances,  obligations  and  all  other 
instruments  entered  into  or  executed  before  the  admission  of 
the  State  to  the  Territory  of  Colorado,  or  to  any  subdivision 
thereof  or  any  municipality  therein,  and  all  fines,  taxes,  penal- 
ties and  forfeitures  due  or  owing  to  the  Territory  of  Colorado 
or  any  such  subdivisions  or  municipality;  and  all  writs,  prose 
cutions,  actions  and  causes  of  action,  except  as  herein  other- 
wise provided,  shall  continue  and  remain  unaffected  by  the 
change  of  the  form  of  Government.  All  indictments  which  shall 
have  been  found  or  may  hereafter  be  found,  and  all  informa- 
tions which  shall  have  been  filed  or  may  hereafter  be  filed,  for 
any  crime  or  offense  committed  before  this  Constitution  takes 
effect,  may  be  proceeded  upon  as  if  no  change  had  taken  place, 
•except  as  otherwise  provided  in  this  Constitution. 

Sec.  3.  That  all  property,  real  and  personal,  and  all 
moneys,  credits,  claims  and  choses  in  action  belonging  to  the 
Territory  of  Colorado  at  the  adoption  of  this  Constitution  shall 
be  vested  in  and  become  the  property  of  the  State  of  Colorado. 


CON8T1  ii   no.wi.   CONVENTION.  625 


Sec.    1.      The  C,r||.'|-;i|   Assembly    sluiil   p;is>  all   l;i\vs 
to  '.MTV  into  etl'ect   the  provisions  of  this  Constitution. 

Sec.  .~i.  Tin-  Supreme  and  District  Courts  existing  in  this 
Territory  at  the  lime  of  the  adoption  of  this  Constitution  shall, 
until  superseded  under  its  provisions,  continue  with  like  powers 
and  jurisdiction,  and  in  the  exercise  thereof,  both  at  law  and  in 
equity.  in  all  respects  as  if  this  Constitution  had  not  been 
adopted;  and  when  said  courts  shall  be  so  superseded,  ;ill  causes 
then  pending  in  said  courts  and  the  books,  papers,  records  and 
proceedings  thereof  shall  pass  into  the  jurisdiction  of  the  Su- 
preme and  District  Courts  created  by  this  Constitution. 

Sec.  6.  The  terms  of  office  of  the  several  Judges  of  the  Su- 
preme and  District  Courts,  and  the  district  attorneys  of  the 
several  judicial  districts  first  elected  under  this  Constitution, 
shall  commence  from  the  day  of  filing  their  respective  oaths  of 
office  in  the  office  of  the  Secretary  of  State. 

Sec.  7.  Until  otherwise  provided  by  law  the  seals  of  the 
Supreme  and  District  Courts  of  this  Territory  are  hereby  de- 
clared to  be  the  seals  of  the  Supreme  and  District  Courts,  re- 
spectively, of  the  State. 

Sec.  8.  When  this  Constitution  goes  into  effect  the  books, 
records,  papers  and  proceedings  of  the  several  Probate  Courts 
and  all  cases  and  matters  of  administration  pending  therein 
shall  be  transferred  to  and  remain  in  the  custody  of  the  county 
courts  and  proceed  to  final  decree,  judgment,  order  or  other  de- 
termination. And  until  the  election  of  the  county  judges  pro- 
vided for  in  this  Constitution  the  probate  Judges  shall  act  as 
Judges  of  the  county  courts,  and  the  seal  of  the  probate  courts 
shall  be  the  seal  of  the  county  courts  until  the  county  courts 
shall  have  procured  proper  seals. 

Sec.  9.  It  is  hereby  declared  that  wherever  the  words  Probate 
Court  or  Probate  Judge  occur  in  the  statutes  of  Colorado  they 
shall  be  construed  to  mean  County  Court  or  County  Judge  and 
all  laws  specially  applicable  to  the  Probate  Court  shall  be  con- 
strued to  apply  to  and  be  in  force  as  to  the  county  court  until 
repealed. 

Sec.  10.  All  county  and  precinct  officers  who  may  be  in 
office  at  the  time  of  the  adoption  of  this  Constitution  shall  hold 
their  respective  offices  for  the  full  time  for  which  they  have 
been  elected,  and  until  such  time  as  their  successors  may  be 
elected  and  qualified,  in  accordance  with  the  provisions  of  this 
Constitution,  and  the  official  bonds  of  all  such  officers  shall  con- 
tinue in  full  force  and  effect  as  though  this  Constitution  had 
not  been  adopted. 

Sec.  11.  All  county  offices  except  county  commissioners 
that  may  become  vacant  during  the  year  A.  D.  1876,  by  the  ex- 
piration of  the  term  of  the  persons  elected  to  said  offices,  shall 
be  filled  at  the  general  election  on  the  first  Tuesday  in  October, 
A.  I).  1876,  and  the  persons  so  elected  shall  hold  their  respective 
offices  for  the  term  of  one  vear. 


626  PROCEEDINGS    OP    THE 

Sec.  12.  The  provisions  of  this  Constitution  shall  be  in 
force  from  the  day  the  President  of  the  United  States  issues  his 
proclamation  declaring  Colorado  admitted  into  the  Union,  and 
the  Governor,  Secretary,  Treasurer,  Auditor,  Superintendent  of 
Public  Instruction  and  Judges  of  the  Supreme  Court  of  the  Ter- 
ritory of  Colorado  shall  continue  to  discharge  the  duties  of  their 
respective  offices,  and  in  the  judicial  districts  after  the  admission 
of  the  State  into  the  Union,  until  the  qualification  of  the  officers 
elected  under  the  State  Government;  and  said  officers  for  the 
time  they  may  serve  shall  receive  the  same  compensation  as  the 
State  officers  shall  by  law  be  paid  for  like  service. 

On  motion  of  Mr.  Wells,  the  article  on  Schedule,  as  adopted 
by  the  Convention,  was  taken  from  the  table  and,  together  with 
section  one  just  adopted  by  the  Convention,  ordered  engrossed 
and  referred  to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  entitled  "Miscellane- 
ous" was  taken  from  the  table  and  considered  by  sections: 

Section  one  as  revised  by  the  committee  was  approved  by 
the  Convention. 

Section  two  stricken  out. 

Sections  three  and  four  remain  unchanged. 

Section  five,  as  revised  by  the  committee,  was  approved  by 
the  Convention. 

Section  six  remains  unchanged. 

On  motion  of  Mr.  Felton,  the  Convention  concurred  in  and 
approved  the  action  of  the  committee  in  striking  out  section 
seven  and  inserting  in  lieu  the  substitute  therefor. 

Section  eight  remains  unchanged. 

So  the  Convention  approved  the  article  on  Miscellaneous 
Subjects  in  the  words  following: 

MISCELLANEOUS. 

Section  1.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers,  the  General 
Assembly  shall  by  law  classify  the  several  counties  of  the  State, 
according  to  population,  and  shall  grade  and  fix  the  compensa- 
tion of  the  officers  within  the  respective  classes  according  to 
the  population  thereof.  Such  law  shall  establish  scales  of  fees 
to  be  charged  and  collected  by  such  of  the  county  and  precinct 
officers  as  may  be  designated  therein  for  services  to  be  per- 
formed by  them  respectively;  and  where  salaries  are  provided, 
the  same  shall  be  payable  only  out  of  the  fees  actually  collected 
in  all  cases  where  fees  are  prescribed.  All  fees,  perquisites  and 
emoluments  above  the  amount  of  such  salaries  shall  be  paid 
into  the  county  treasury. 

Sec.  3.  The  General  Assembly  shall  pass  liberal  homestead 
and  exemption  laws. 


CONSTITUTIONAL    <  "o.\  VKNTION.  627 

Sec.  4.    The  General  Assembly  shall  have  no  power  to  ;m 

ihori/.e  lotteries  or  ^it't   enterprises  for  any  purpose  and  shall 
pass  laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets 

in   this  Sl;iir. 

Sec.  5.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide  dif- 
ferences by  arbitrators,  to  be  appointed  by  mutual  agreement 
of  the  parties  to  any  controversy  who  may  choose  that  mode  ot 
adjustment.  The  powers  and  duties  of  such  arbitrators  shall  be 
as  prescribed  by  law. 

Sec.  6.  The  term  felony,  wherever  it  may  occur  in  this 
<  'oiisiiuition  or  the  l,i\\s  of  the  State,  shall  be  construed  to  mean 
iiny  rrinmml  offense  punishable  by  death  or  imprisonment  in  the 
penitentiary,  and  none  other. 

Sec.  7.  The  term  of  office  of  any  officer  elected  to  fill  a 
vacancy  shall  terminate  at  the  expiration  of  the  term  during 
\vhirli  the  vacancy  occurred. 

Sec.  8.  No  person  who  shall  hereafter  fight  a  duel  or  as- 
sist in  the  same  as  a  second,  or  send,  accept  or  knowingly  carry 
a  challenge  therefor,  or  agree  to  go  out  of  the  State  to  fight  a 
duel,  shall  hold  any  office  in  the  State. 

On  motion  of  Mr.  Felton,  the  article  on  Miscellaneous  Sub- 
jects, as  approved  by  the  Convention,  was  recommitted  to  the 
Committee  on  Revisions  and  Adjustments  for  adjustment  in  the 
Constitution,  and  the  Secretary  was  instructed  to  furnish  the 
Committee  on  Engrossing  and  Enrolling  with  a  copy  for  en- 
rollment. 

On  motion  of  Mr.  Plumb,  the  Convention  adjourned  until 
9  o'clock  a.  m.,  tomorrow. 


628  PROCEEDINGS    OF    THE 


THURSDAY,  MARCH  9,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Sturtevant. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Douglas,  Ebert,  Head,  Ken- 
nedy, Meyer,  Rockwell,  Stone,  Thatcher  and  Vigil. 

The  Journal  of  preceding  day  having  been  partially  read, 
Mr.  Stover  moved  that  the  reading  of  so  much  of  the  Journal 
as  embraced  the  reports  of  the  Committee  on  Revisions  and 
Adjustments  be  dispensed  with,  which  was  agreed  to. 

The  remainder  of  the  Journal  wras  then  read  and  the  same 
approved. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  submitted  a  report  of  that  Committee  on  the  Elec- 
tion Ordinance,  as  follows,  which  on,  his  own  motion,  was  re- 
ceived and  ordered  printed  and  laid  upon  the  table  for  future 
consideration. 

Denver,  March  9,  1876. 

To  the  Honorable  the  President  and  Members  of  the  Constitu- 
tional Convention: 

Your  Committee  upon  Revisions  and  Adjustments,  having 
had  under  consideration  the  Election  Ordinance  heretofore 
adopted  by  the  Convention,  beg  leave  to  report  a  substitute 
therefor,  which  is  hereunto  attached. 

Respectfully  submitted, 

E.  T.  WELLS, 

Chairman. 
ELECTION  ORDINANCE. 

In  conformity  with  the  requirements  of  an  act  of  Congress 
of  the  United  States  entitled  "An  Act  to  Enable  the  People  of 
Colorado  to  Form  a  Constitution  and  State  Government,  and 
for  the  Admission  of  Said  State  Into  the  Union  on  an  Equal 
Footing  with  the  Original  States,"  approved  March  3,  A.  D., 
1875,  on  behalf  and  by  the  authority  of  the  people  of  the  Terri- 
tory of  Colorado,  this  Convention  assembled  in  pursuance  of 
said  Enabling  Act,  at  the  city  of  Denver,  the  Capital  of  said 
Territory,  on  the  twentieth  day  of  December,  A.  D.  1875,  does 
ordain  and  declare 

First — That  an  election  shall  be  held  throughout  the  Terri- 
tory of  Colorado  on  the  first  day  of  July  in  the  year  eighteen 
hundred  and  seventy-six,  for  the  ratification  or  rejection  of  this 
Constitution,  framed  and  adopted  by  this  Convention. 

Second — At  said  election  the  Constitution  framed  and 
adopted  by  this  Convention  shall  be  submitted  to  the  people  of 
jection  thereof. 


CONSTITI    TIO.NAI.     (  '(  >\  \K\  I  1<».\.  629 

Third  Said  election  shall  IK-  held  al  the  several  places  in 
t  lie  several  wards  and  precincts  t  lirouglmut  the  Territory  ap 
pointed  for  the  holding  of  elections  under  the  laws  of  the  Terri- 
tory, and  shall  be  conducted  in  the  manner  prescribed  by  the  laws 
of  said  Territory  regulating  elections;  the  Judges  of  Election  ap- 
pointed under  the  laws  of  the  Territory  in  each  of  said  wards 
and  precincts  shall  act  as  the  Judges  of  said  election,  and  va- 
cancies in  the  Board  of  Judges  of  any  ward  or  precinct  shall 
be  filled,  and  Clerks  of  Election  shall  be  appointed  in  the  man- 
ner prescribed  by  said  laws;  Provided,  That  no  law  requiring 
a  registration  of  voters  shall  apply  to  said  election,  and  any 
qualified  elector  may  at  said  election  vote  at  any  ward  or  pre- 
cinct in  the  Territory. 

Whenever  any  person  shall  present  himself  to  vote  at  said 
election  and  either  of  the  Judges  shall  suspect  that  said  person 
is  not  a  qualified  elector  of  the  Territory,  or  if  his  vote  shall  be 
challenged  by  any  elector  who  has  previously  voted  at  the  said 
election,  then  before  the  ballot  of  such  person  shall  be  received 
he  shall  take  and  subscribe  the  following  oath  or  affirmation: 
"You  do  solemnly  swear  (or  affirm)  that  you  are  a  resident  of 
-  county  in  the  Territory  of  Colorado;  that  you  have  re- 
sided in  this  Territory  six  months  immediately  preceding  this 
election;  that  you  have  to  the  best  of  your  knowledge  and  be- 
lief attained  the  age  of  twenty-one  years  and  have  not  voted  at 
this  election." 

Fourth — Each  elector  voting  at  said  election  shall  deposit 
in  the  ballot  box  a  ticket  whereon  shall  be  printed  or  written 
the  words  "For  the  Constitution"  or  the  words  "Against  the 
Constitution"  or  other  equivalent  words. 

Fifth — The  acting  Governor  of  the  Territory  shall,  within 
thirty  days  after  the  adjournment  of  this  Convention  issue  his 
proclamation  for  said  election,  to  be  held  in  conformity  with 
the  provisions  of  this  ordinance,  and  the  Secretary  of  the  Terri- 
tory shall,  on  or  before  the  fifteenth  day  of  May,  A.  D.  1876, 
make  out  and  transmit  to  the  Sheriff  of  each  county  a  notice 
in  writing  of  said  election,  together  with  a  copy  of  this  ordi- 
nance. 

Sixth — The  votes  cast  at  said  election  for  the  adoption  or 
rejection  of  the  Constitution  shall  be  canvassed  in  the  manner 
prescribed  by  the  laws  of  the  Territory  of  Colorado  for  can- 
vassing the  votes  of  all  general  elections,  and  the  returns  of 
said  election  shall  be  made  to  the  acting  Governor  of  the  Ter- 
ritory, who,  with  the  Chief  Justice  and  the  United  States  At- 
torney of  said  Territory,  or  any  two  of  them,  shall  canvass  the 
same,  and  if  a  majority  of  the  legal  votes  cast  shall  be  for  the 
Constitution,  the  acting  Governor  shall  certify  the  same  to  the 
President  of  the  United  States,  together  with  a  copy  of  said 
Constitution  and  the  Ordinances  adopted  by  this  Convention. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revision  and  Ad- 
justments, also  submitted  the  following  report: 


#30  PROCEEDINGS    OF    THE 

Denver,  March  9,   1876. 
To  the  Honorable  President  and  Constitutional  Convention  of- 

Colorado: 

Gentlemen — Your  Committee  upon  Revision  and  Adjust 
ments  respectfully  recommend  that  the  following  several  arti- 
cles be  arranged,  numbered  and  entitled  in  the  Constitution  as 
follows,  to  wit: 

The  article  concerning  Suffrage  and  Elections  be  numbered 
Article  VII,  and  entitled  "Suffrage  and  Elections." 

That  the  article  concerning  State  Institutions  and  Build- 
ings be  numbered  Article  VIII  and  entitled  "State  Institutions." 

That  the  article  concerning  Education  and  Educational  In- 
stitutions be  numbered  Article  IX  and  entitled  "Education." 

That  the  article  concerning  Revenue  and  Finance  be  num- 
bered Article  X  and  entitled  "Revenue." 

That  the  article  concerning  State,  County  and  Municipal 
Indebtedness  be  numbered  Article  XI  and  entitled  "Public  In- 
debtedness." 

That  the  article  concerning  Officers  and  Oath  of  Office  be 
numbered  Article  XII  and  entitled  "Officers." 

That  the  article  concerning  Impeachment  and  Removal  from 
Office  be  numbered  Article  XIII  and  be  entitled  "Impeach- 
ments." 

That  the  article  concerning  Counties  be  numbered  Article 
XIV  and  entitled  "Counties." 

That  the  article  concerning  Public  and  Private  Corporations 
be  numbered  Article  XV  and  entitled  "Corporations." 

Respectfully  submitted, 

E.  T.  WELLS, 

Chairman. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred  in 
and  approved  the  recommendations  of  the  Committee. 

Messrs.  Barela,  Kennedy  and  Stone  appeared  and  took  their 
seats. 

Mr.  Wells  presented  the  following  report  of  the  Committee 
on  Revisions  and  Adjustments: 

To  the  Honorable  the  President  and  Members  of  the  Constitu- 
tional Convention: 

Your  Committee  on  Revisions  and  Adjustments  having  had 
under  consideration  the  following  mentioned  articles  heretofore 
referred  to  them,  beg  leave  to  make  the  following  recommenda- 
tions: 

In  the  article  touching  Judiciary  in  section  22  of  the  fourth 
line  thereof,  according  to  the  printed  copy  of  the  former  report 
of  this  committee  upon  said  article  (C.  C.  R.  No.  65),  strike  out 
the  word  "Such"  and  in  section  23  and  lines  one  and  two  thereof 


XAI.   CON!  i:vi  ION.  631 

according  to  s;iid  printed  copy,  sirikc  out  the  words  "within  each 
county." 

In  the  article  entitled  "Officers  and  Oaths  of  Office,"  and 
lin<  2  of  section  one  (1)  thereof,  according  to  the  printed  copy  of 
ilu>  substitute  KM oiiiiiiciided  by  this  committee  in  their  former 
r.-port  (C.  C.  R.  No.  51),  strike  out  the  words  "The  General 
Assembly"  and  from  thence  all  that  follows  down  to  and  in- 
cluding the  words  "misconduct  in  office"  in  the  fourth  line  of 
ihe  same  printed  copy,  and  insert  the  same  matter  at  the  end 
of  the  section;  strike  out  the  word  "Section"  in  line  4  of  the 
same  section,  according  to  the  same  printed  copy;  and  change 
the  word  "impreachment"  in  the  third  line  of  said  section  to 
"impeachments :" 

Your  committee  also  recommend  the  following  substitute 
for  section  3  of  the  article  on  "Impeachment"  as  heretofore  re- 
ported by  this  committee,  to  wit  (C.  C.  R.  No.  58),  "All  officers 
npt  liable  to  impeachment  shall  be  subject  to  removal  for  mis- 
conduct or  malfeasance  in  office  in  such  manner  as  may  be  pro- 
vided by  law." 

In  the  article  concerning  "Counties"  and  in  lines  4  and  5  01 
section  9  thereof,  according  to  the  printed  copy  of  the  former 
report  of  this  Committee  therein  (C.  C.  R.  No.  64),  strike  out 
the  words  "and  until  his  successor  shall  be  duly  elected  and 
qualified,"  and  insert  in  lieu  the  words  "or  until  the  vacancy 
be  filled  by  election  according  to  law." 

In  section  14,  line  2,  of  the  same  printed  copy  of  said  report,, 
strike  out  the  words  "Existing  by  virtue  of"  and  insert  "Incor- 
porated by." 

In  section  7  of  the  article  concerning  "Education"  and  in 
line  2  thereof,  according  to  the  printed  copy  of  the  former  re- 
port of  this  committee  (C.  C.  R.  No.  59),  change  the  word  "Ap- 
propriations" to  "Appropriation." 

In  the  article  concerning  "State,  County  and  Municipal  In- 
debtedness," strike  out  the  word  "Such"  in  line  9  of  section  6 
thereof,  according  to  the  printed  copy  of  the  former  report  of 
this  committee  (C.  C.  R.  No.  61). 

In  section  15  of  the  article  concerning  "Education"  and  in 
line  3  of  the  printed  copy  of  the  former  report  of  this  commit- 
tee (C.  C.  R.  No.  59),  strike  out  the  word  "people"  and  insert  in 
lieu  the  words  "qualified  electors." 

On  motion  of  Mr.  Pease,  the  Convention  concurred  in  and 
approved  the  recommendations  of  the  committee  in  reference 
to  section  22  of  the  article  on  the  Judicial  department. 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred 
in  and  approved  the  recommendations  of  the  committee,  in  ref- 
erence to  section  23  of  the  article  on  the  Judicial  department. 

On  motion  of  Mr.  Wheeler,  the  Convention  concurred  m 
and  approved  the  recommendation  of  the  committee,  in  refer 
ence  to  section  1  of  the  article  on  Officers  and  Oath  of  Office. 


032  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Wheeler,  the  Convention  concurred  in 
and  approved  the  recommendations  of  the  committee  to  strike 
out  section  3  of  the  article  on  Impeachment  and  insert  in  lieu 
thereof  the  following  substitute: 

"All  officers  not  liable  to  impeachment  shall  be  subject  to 
removal  for  misconduct  or  malfeasance  in  office  in  such  manner 
as  may  be  provided  by  law." 

On  motion  of  Mr.  Ellsworth,  the  Convention  concurred  in 
and  approved  the  recommendation  of  the  committee  in  reference 
to  section  9  of  the  article  on  "Counties." 

On  motion  of  Mr.  Widderfield,  the  Convention  concurred 
in  and  approved  the  recommendations  of  the  committee  in  ref- 
erence to  section  14  of  the  article  on  "Counties." 

On  motion  of  Mr.  Ellsworth,  the  Convention  concurred  in 
and  approved  the  recommendation  of  the  committee  in  refer 
ence  to  section  7  of  the  article  on  Education. 

On  motion  of  Mr.  Ellsworth,  the  Convention  concurred  in 
and  approved  the  recommendation  of  the  committee  in  reference 
to  section  6  of  the  article  on  State,  County  and  Municipal  In 
debtedness. 

On  motion  of  Mr.  Wheeler,  the  Convention  concurred  in 
and  approved  the  recommendation  of  the  committee  in  reference 
to  section  15  of  the  article  on  Education. 

On  motion  of  Mr.  Wells,  the  Secretary  was  instructed  to 
certify  the  above  changes  and  corrections  to  the  Committee  on 
Engrossing  and  Enrollment. 

Mr.  Quill ian,  Chairman  of  the  Committee  on  Schedule,  pre 
sented  a  report  of  that  committee  as  follows : 

Denver,  March  9,  A.  D.  1876. 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Schedule  beg  leave  to  sub- 
mit the  following  supplementary  report: 

R.  A.  QUILLIAN, 
Chairman  of  Committee. 

Sec.  13.  The  Judicial  districts  shall  remain  as  provided  for 
under  the  Territorial  law  until  the  judges  of  the  Supreme  and 
District  Courts  provided  for  in  this  Constitution  shall  have 
been  elected  and  qualified  according  to  law. 

Sec.  14.  In  case  of  a  contest  of  election  between  candidates 
at  the  first  general  election,  under  this  Constitution,  for  judges 
of  the  Supreme,  District  or  County  Courts,  or  district  attorneys, 
the  evidence  shall  be  taken  in  the  manner  prescribed  by  Terri- 
torial law,  and  the  testimony  so  taken  shall  be  certified  to  the 
Secretary  of  State,  and  said  officer,  together  with  the  Governor 
and  Attorney  General,  shall  review  the  testimony  arid  deter- 
mine who  is  entitled  to  the  certificate  of  election. 


CONS-JIM    nONAL   CONVENTION.  633 

Sec.  ir».  The  \oics  ;it  the  first  general  election  under  this 
Constitution  for  the  several  officers  provided  for  in  this  Consii 
union  who  are  to  be  elected  at  the  first  election  shall  be  « ;m 
\assod  in  the  manner  prescribed  by  the  Territorial  law  for  can 
vassing  votes  for  like  officers:  The  votes  cast  for  the  judges  of 
the  Supreme  and  District  Courts  and  district  attorneys  shall 
be  canvassed  by  the  county  canvassing  board  in  the  manner 
prescribed  by  the  Territorial  law  for  canvassing  the  votes  for 
iiH'iiibers  of  the  General  Assembly,  and  the  County  Clerk  shall 
transmit  the  abstracts  of  votes  to^the  Secretary  of  the  Territory 
acting  as  Secretary  of  State,  under  the  same  regulations  as  are 
prescribed  by  law  for  sending  the  abstracts  of  votes  for  Terri- 
torial officers;  and  the  aforesaid  acting  Secretary  of 'State,  Au- 
ditor, Treasurer,  or  any  two  of  them,  in  the  presence  of  the 
Governor,  shall  proceed  to  canvass  the  votes  under  the  regula- 
tions of  sections  thirty-five  and  thirty-six  of  chapter  twenty- 
<  ijrht  of  the  Revised  Statutes  of  Colorado  Territory. 

On  motion  of  Mr.  Elder,  the  report  was  received,  ordered 
printed  and  laid  upon  the  table  for  future  consideration. 

Mr.  Elder  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted. 

Resolved,  That  the  Committee  on  Expense  and  Expenditure 
be  instructed  to  see  the  Territorial  Secretary  and  Auditor  and 
ascertain  what  arrangements  have  been  or  will  be  made  for 
the  payment  of  the  expense  of  this  Convention  and  the  certifi- 
cates of  members  of  the  Convention;  also  the  number  of  days 
service  to  be  allowed  each  officer  and  members  [member],  and 
at  what  time  the  expense  of  the  Convention  and  the  certificates 
of  the  members  will  be  made,  and  report  the  same  to  the  Con- 
vention. 

On  motion  of  Mr.  Felton,  the  Special  Committee  appointed 
to  prepare  an  address  to  the  people  were  authorized  to  pro- 
cure the  printing  of  said  address  when  completed  by  the  com- 
mittee. 

Mr.  Yount  moved  that  two  additional  members  be  ap: 
pointed  on  the  Committee  on  Accounts  and  Expenditures  of 
the  Convention,  which  was  agreed  to.  And  the  President  ap- 
pointed Messrs.  Cooper  and  Stover  as  such  additional  members. 

On  motion  of  Mr.  James,  the  Convention  adjourned  until 
2  o'clock  p.  m.  

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Douglas,  Garcia,  Hurd, 
Head,  Meyer,  Rockwell,  Thatcher,  Vigil. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Schedule  as  correctly 
engrossed. 


f>34  PROCEEDINGS    OF    THE 

There  being  no  objection,  the  report  was  received  and  re- 
ferred to  the  Committee  on  Eevisions  and  Adjustments. 

Mr.  Yount,  Chairman  of  the  Committee  on  Accounts  and 
Expenditures  of  the  Convention,  presented  a  communication 
from  the  Honorable  John  Taffe,  Secretary  of  the  Territory  of 
Colorado,  as  follows: 

Secretary's  Office,  March  9,  1876. 

Hon.  A.  K.  Yount,  Chairman  of  Committee  on  Expense  and  Ex- 
penditure,  Constitutional  Convention: 

Sir — In  response  to  your  resolution  of  the  Constitutional 
Convention,  presented  by  you  this  day,  I  beg  leave  to  say  that 
I  have  forwarded  my  requisition  to  the  Secretary  of  the  Treas- 
ury of  the  United  States  for  the  sum  of  twenty  thousand  dol- 
lars, less  ninety-seven  cents,  the  amount  of  the  Congressional 
appropriation  for  defraying  the  expense  of  your  Convention, 
and  have  requested  instructions  in  regard  to  the  manner  of  dis 
bursement  of  the  same,  particularly  as  to  pro  rating  and  as  to 
the  mode  of  payment  of  officers.  I  have  also  sent  a  request  that 
if  practicable  the  credit  should  be  transferred  by  telegram  to 
the  United  States  depositories  here,  that  the  funds  may  be  avail- 
able as  soon  as  possible.  I  cannot  give  any  information  regard- 
ing number  of  days'  service  which  may  be  allowed  or  when 
payment  can  be  made  until  I  get  returns  from  Washington. 
I  have  the  honor  to  be, 

Very  respectfully, 

Your  obedient  servant, 

JOHN  TAFFE, 

Secretary. 

Messrs.  Barela,  Garcia,  Hurd  and  White  appeared  and  took 
their  seats. 

On  motion  of  Mr.  Webster,  the  report  of  the  Committee  on 
Printing,  in  reference  to  the  cost  of  publishing  the  Address  to 
the  People  and  the  Constitution,  was  taken  from  the  table. 

On  motion  of  Mr.  Webster,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the  Stand- 
ing Committee  on  Printing,  in  reference  to  the  cost  of  publish- 
ing the  Address  to  the  People  and  the  Constitution,  Mr.  Cush- 
man  in  the  chair.  And  after  some  time  spent  therein,  the  Presi- 
dent resumed  the  chair,  and  Mr.  Cushman  submitted  the  follow- 
ing report: 

Denver,  March  9,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — The  Committee  of  the  Whole  Convention,  to 
whom  was  referred  the  report  of  the  Standing  Committee  on 
Printing,  in  reference  to  the  cost  of  publishing  the  "address"  to 
the  people,  and  the  Constitution  in  English,  Spanish  and  Ger- 
man, having,  according  to  order,  had  under  consideration  said 


CONSTITI  TIMVM.  CONVENTION,  r,:;r, 

report,  have  directed  me  in  recnin in« -ml  thill  the  siibjeri  <if  prini- 
iiiu  tin-  < 'niisiiintinn  and  address  l»e  referred  back  to  the  I'rinl- 
in.ii'  Committee,  with  instructions  to  call  for  sealed  l>ids  from  the 
various  priming  establishments  in  Colorado  I'm-  priming  10. (MM) 
copies  of  the  Constitution  and  Address  in  Kn^lish,  I'.onu  in  Span- 
ish and  1,000  in  German,  upon  fair  book  paper  in  small  pica 
type;  bids  to  be  submitted  by  2  o'clock  to-morrow  afternoon. 

On  motion  of  Mr.  Webster,  the  report  was  re< -rived. 

Mr.  Widderfield  moved  that  the  Convention  concur  in  the 
recommendations  of  the  Committee. 

Mr.  Crosby  moved  to  amend  the  report  by  adding  thereto 
the  words  "and  that  specimens  of  the  work  to  be  done  be  sub- 
mitted to  the  Committee,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Crosby. 

The  question  then  being  upon  the  motion  of  Mr.  Widderfield 
to  concur  in  the  recommendation  of  the  Committee  of  the  Whole, 
as  amended,  and  being  put  and  a  division  called,  it  was  decided 
in  the  affirmative — ayes,  16;  noes,  11. 

So  the  Convention  concurred  in  the  recommendation  of  the 
Committee  of  the  Whole  as  amended. 

Mr.  Elder  offered  the  following  resolution  and  moved  its 
adoption: 

''Resolved,  That  the  Committee  on  Printing  be  instructed  to 
make  a  contract  for  the  printing  of  the  Constitution  and  Address 
to  [with]  the  lowest  responsible  bidder." 

Mr.  White  moved  to  amend  the  resolution  by  adding  there 
to  the  words,  "Such  contract  to  be  subject  to  the  approval  of  the 
Convention.'7 

Mr.  Webster  moved  to  further  amend  the  resolution  by  add 
ing  thereto  the  words,  "and  that  the  Hon.  C.  P.  Elder  be  added 
to  the  committee." 

And  the  question  being  upon  the  amendment  offered  by  Mr. 
Webster,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Webster. 

The  question  then  recurring  on  the  amendment  offered  by 
Mr.  White,  and  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  White. 

The  question  then  recurring  on  the  motion  of  Mr.  Elder 
to  adopt  the  resolution  offered  by  him  as  amended,  and  being 
put,  it  was  agreed  to. 

So  the  Convention  adopted  the  resolution  offered  by  Mr. 
Elder  as  amended. 

Mr.  White  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted. 


636  PROCEEDINGS    OF    THE 

"Resolved,  That  the  Committee  on  Printing  be  directed  to 
provide  in  their  contract  for  printing  the  Constitution  that  no 
part  of  the  twenty  thousand  dollars  allowed  by  Congress  shall 
be  applied  to  the  payment  of  such  printing." 

Mr.  Felton  moved  to  adjourn  until  9  o'clock  a.  m.  tomorrow. 

And  the  question  being  upon  the  motion  of  Mr.  Felton  to 
adjourned,  and  being  put  and  a  division  called,  it  was  decided  in 
the  affirmative — ayes,  15;  noes,  12. 

So  the  Convention  adjourned  until  9  o'clock  a.  m.  to-morrow. 


CON8TIT!  Tln.N'AL   CONVEN'TION. 


FRIDAY,  MARCH  10,  1876,  9  O'CLOCK  A.  M. 

Convention  met   pursuant  to  adjournment. 

Prayer  was  oft'ered  by  the  Rev.  Mr.  French. 

Koll  called. 

Absent — Messrs.  Barela,  Boyles,  Douglas,  Kbert,  Head. 
Marsh,  Meyer,  Rockwell,  Thatcher,  Vigil  and  White. 

The  Journal  having  been  partially  read,  on  motion  of  Mr. 
Wheeler  the  further  reading  of  the  Journal  was  dispensed  with. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and  Ad- 
justments, submitted  the  following  report  of  that  committee: 
To  the  President  and  Members  of  the  Constitutional  Convention : 

Your  Committee  upon  Revisions  and  Adjustments,  having 
had  under  consideration  the  following  named  articles  and  sec- 
tions, respectfully  recommend  the  adjustment  thereof  in  the  Con 
stitution,  as  follows : 

That  the  article  concerning  Mining  and  Irrigation  be  num- 
bered "Article  XVI"  and  entitled  "Mining  and  Irrigation." 

That  the  article  concerning  Militia  be  numbered  "Article 
XVII"  and  entitled  "Militia." 

That  the  article  concerning  Miscellaneous  be  inserted  by 
that  title  as  number  "XVIII." 

That  the  article  concerning  Future  Amendments  be  num- 
bered "Article  XIX"  and  entitled  "Amendments." 

Your  committee  further  recommend  that  section  one  of 
the  article  heretofore  agreed  to,  under  the  title  Miscellaneous,  be 
carried  to  the  article  on  Counties  and  stand  as  section  15  of  said 
last  mentioned  article. 

That  the  section  numbered  7,  as  contained  in  the  same  ar- 
ticle Miscellaneous  (C.  C.  R.  No.  68),  be  inserted  in  the  article 
concerning  Officers  and  stand  as  section  11  therein. 

That  section  8  of  the  same  article  Miscellaneous  be  also 
carried  into  the  article  concerning  Officers,  and  stand  as  section 
12  thereof. 

That  the  two  sections  concerning  the  importation  of  adul- 
terated liquors  be  consolidated  and  stand  as  section  5  of  the 
article  on  Miscellaneous  Subjects. 

That  the  two  sections  concerning  Forest  Culture  be  inserted 
in  the  article  concerning  Miscellaneous  Subjects  as  sections  6 
and  7  thereof. 

That  the  article  requiring  the  laws  to  be  published  in  En- 
glish. Spanish  and  German  be  also  inserted  in  the  article  on 
Miscellaneous  Subjects  and  stand  as  section  8  thereof. 

Respectfully  submitted.  E.  T.  WELLS, 

Chairman. 


638  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Quillian,  the  Convention  concurred  in  and 
approved  the  action  of  the  committee  in  striking  out  section  one 
of  the  article  on  Miscellaneous  Subjects  and  inserting  the  same 
in  the  article  on  Counties,  as  section  15  of  said  article. 

On  motion  of  Mr.  Ellsworth,  the  Convention  concurred  in 
and  approved  the  action  of  the  committee  in  striking  out  section 

7  of  the  article  on  Miscellaneous  Subjects  and  inserting  the  same 
in  the  article  on  Officers,  as  section  11  of  said  article. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  and 
approved  the  action  of  the  Committee  in  striking  out  section 

8  of  the  article  on  Miscellaneous  Subjects,  and  inserting  said  sec- 
tion in  the  article  on  Officers  as  section  12  of  said  article. 

On  motion  of  Mr.  Pease,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  to  consolidate 
the  two  sections  concerning  the  importation  of  adulterated 
liquors,  and  inserting  the  same  in  the  article  on  Miscellaneous 
Subjects  as  section  5. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  that  the  two 
sections  concerning  Forest  Culture  be  inserted  in  the  article 
on  Miscellaneous  Subjects  as  sections  6  and  7  thereof. 

On  motion  of  Mr.  Quillian,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  to  insert  the 
section  requiring  that  the  laws  be  published  in  English,  Span- 
ish and  German  in  the  article  on  Miscellaneous  Subjects  as  sec- 
tion 8  thereof. 

Mr.  Barela  appeared  and  took  his  seat. 

Mr.  Carr  offered  the  following  resolution,  which,  on  his  own 
motion,  was  adopted: 

"Resolved,  That  the  members  of  the  Legislature  of  the  State 
of  Kansas  are  hereby  earnestly  and  cordially  invited  to  attend 
the  sessions  of  this'  Convention,  and  to  seats  within  the  bar 
thereof; 

"Resolved,  That  the  Sergeant-at-Arms  be  and  hereby  is  in- 
structed to  inform  such  members  as  are  now  present  in  this  city 
of  this  action  of  the  Convention." 

Mr.   Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  submitted  the  following  report  of  that  committee, 
which,  on  his  own  motion,  was  laid  upon  the  table  for  further 
consideration : 
To  the  President  and  Members  of  the  Constitutional  Convention: 

Your  Committee  on  Revision,  having  had  under  consid- 
eration the  articles  concerning  Revision  and  the  Schedule,  re- 
spectfully recommend  sundry  emendations  therein,  which  will 
appear  by  the  copies  attached  hereto. 

Respectfully  submitted, 

E.  T.  WELLS, 

Denver,  March  9,  1876.  Chairman. 


CON  Sill  I    riM.\AL    CONVENTION. 

Sec.  18.  No  appropriation  shall  be  made,  nor  any  expendi- 
ture authorized,  by  (In-  (Imcral  Assembly,  whereby  the  expendi- 
ture of  the  State  during  any  fiscal  year  shall  exceed  the  total 
i  a  \  then  provided  for  by  law,  and  applicable  for  such  appropria- 
tion  or  expenditure,  unless  the  General  Assembly  making  such 
appropriation  shall  provide  for  levying  a  sufficient  tax,  not  ex- 
ceeding the  rates  allowed  in  section  11  of  this  article,  to  pay 
tsuch  appropriation  or  expenditure  within  such  fiscal  year.  This 
provision  shall  not  apply  to  appropriations  or  expenditures  to 
suppress  insurrection,  defend  the  State,  or  assist  in  defending 
the  United  States  in  time  of  war. 

SCHEDULE. 

That  no  inconvenience  may  arise  by  reason  of  the  change 
in  the  form  of  government,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution  shall,  so  far  as  not  inconsistent  therewith,  remain 
in  full  force  until  they  expire  by  their  own  limitation  or  are 
altered  or  repealed  by  the  General  Assembly;  and  all  rights, 
actions,  prosecutions,  claims  and  contracts  of  the  Territory  of 
Colorado,  counties,  individuals  or  bodies  corporate  (not  incon- 
sistent therewith)  shall  continue  as  if  the  form  of  government 
had  not  been  changed  and  this  Constitution  adopted. 

Sec.  2.  That  all  recognizances,  obligations,  and  all  other 
instruments  entered  into  or  executed,  before  the  admission  of  the 
State,  to  the  Territory  of  Colorado,  or  to  any  county,  school  dis- 
trict or  other  municipality  therein,  or  any  officer  thereof,  and 
all  fines,  taxes,  penalties  and  forfeitures  due  or  owing  to  the 
Territory  of  Colorado,  or  any  such  county,  school  district  or 
municipality  or  officer,  and  all  writs,  prosecutions,  actions  and 
causes  of  action,  except  as  herein  otherwise  provided,  shall  con- 
tinue and  remain  unaffected  by  the  change  of  the  form  of  gov- 
ernment. All  indictments  which  shall  have  been  found,  or  may 
hereafter  be  found,  and  all  informations  which  shall  have  been 
filed,  or  may  hereafter  be  filed,  for  any  crime  or  offense  com- 
mitted before  this  Constitution  takes  effect  may  be  proceeded 
upon  as  if  no  change  had  taken  place,  except  as  otherwise  pro- 
vided in  this  Constitution. 

Sec.  3.  That  all  property,  real  and  personal,  and  all  moneys, 
credits,  claims  and  choses  in  action  belonging  to  the  Territory 
of  Colorado  at  the  adoption  of  this  Constitution  shall  be  vested 
in  and  become  the  property  of  the  State  of  Colorado. 

Sec.  4.  The  General  Assembly  shall  pass  all  laws  necessary 
to  carry  into  effect  the  provisions  of  this  Constitution. 

Substitute  recommended  for 

Sec.  5.  Whenever  any  two  of  the  judges  of  the  Supreme 
Court  of  the  State,  elected  or  appointed  under  the  provisions  of 
this  Constitution,  shall  have  qualified  in  their  office,  the  causes 
theretofore  pending  in  the  Supreme  Court  of  the  Territory,  and 


640  PROCEEDINGS    OF    THE 

the  papers,  records  and.  proceedings  of  said  court,  and  the  seal 
and  other  property  pertaining  thereto,  shall  pass  into  the  juris- 
diction and  possession  of  the  Supreme  Court  of  the  State;  and, 
until  so  superseded,  the  Supreme  Court  of  the  Territory,  and 
the  judges  thereof,  shall  continue,  with  like  powers  and  juris- 
diction as  if  this  Constitution  had  not  been  adopted.  Whenever 
the  judges  [judge]  of  the  District  Court  of  any  district  elected 
or  appointed  under  the  provisions  of  this  Constitution  shall  have 
qualified  in  his  office,  the  several  causes  heretofore  pending  in 
the  District  Court  of  the  Territory  within  any  county  in  such 
district,  and  the  records,  papers  and  proceedings  of  said  District 
Court,  and  the  seal  and  other  property  pertaining  thereto,  shall 
pass  into  the  jurisdiction  and  possession  of  the  District  Court 
of  the  State  for  such  county;  and  until  the  District  Courts  of 
the  Territory  shall  be  superseded  in  manner  aforesaid,  the  said 
District  Courts  and  the  judges  thereof  shall  continue  with  the 
same  jurisdiction  and  powers,  to  be  exercised  in  the  same  Judi- 
cial districts  hertofore  constituted  under  the  laws  of  the  Terri- 
tory. 

Sec.  6.  The  terms  of  office  of  the  several  judges  of  the 
Supreme  and  District  Courts,  and  the  district  attorneys  of  the 
several  Judicial  districts,  first  elected  under  this  Constitution, 
shall  commence  from  the  day  of  filing  their  respective  oaths  of 
office  in  the  office  of  the  Secretary  of  State. 

Sec.  7.  Until  otherwise  provided  by  law,  the  seals  of  the 
Supreme  and  District  Courts  of  this  Territory  are  hereby  de 
clared  to  be  the  seals  of  the  Supreme  and  District  Courts,  re- 
spectively, of  the  State. 

Sec.  8.  Whenever  this  Constitution  shall  go  into  effect,  the 
books,  records,  papers  and  proceedings  of  the  Probate  Court  in 
each  county,  and  all  causes  and  matters  of  administration  pend- 
ing therein,  shall  pass  into  the  jurisdiction  and  possession  of 
the  County  Court  of  the  same  county,  and  the  said  County  Court 
shall  proceed  to  final  division,  judgment,  order  or  other  deter- 
mination in  the  said  several  matters  and  causes  as  the  Probate 
Court  might  have  done  if  this  Constitution  had  not  been 
adopted;  and,  until  the  election  of  the  county  judges  provided 
for  in  this  Constitution,  the  probate  judges  shall  act  as  judges 
of  the  County  Court  within  their  respective  counties,  and  the 
seal  of  the  Probate  Court  in  each  county  shall  be  the  seal  of  the 
County  Court  therein  until  the  said  court  shall  have  procured  a 
proper  seal. 

Sec.  9.  The  terms  "Probate  Court"  or  "probate  judges," 
w7herever  occurring  in  the  statutes  of  Colorado  Territory,  shall, 
after  the  adoption  of  this  Constitution,  be  held  to  apply  to  the 
County  Court  or  county  judge,  and  all  laws  specially  applicable 
to  the  Probate  Court  in  any  county  shall  be  construed  to  apply 
to  and  be  in  force  as  to  the  County  Court  in  the  same  county 
until  repealed. 


CONSTITUTIONAL    CONVENTION.  641 

Sec.  10.  All  cmmi\  MIII!  precinct  oflicers  \vh<>  may  he  in 
office  at  the  time  <•!'  the  adoption  of  this  Constitution  shall  hold 
their  rospe< -i  i\«-  <>!lices  I'm-  I  lie  full  time  for  which  they  may  have 
been  elected,  jind  until  such  time  as  their  successors  may  be 
elected  and  qualified  in  accordance  with  the  provisions  of  this 
Const  it  ut  ion;  and  the  official  bonds  of  all  such  officers  shall  con- 
tinue in  full  force  and  effect  as  though  this  Constitution  had  not 
been  adopted. 

Sec.  11.  All  county  offices  that  may  become  vacant  during 
the  year  eighteen  hundred  and  seventy-six,  by  the  expiration  of 
the  term  of  the  persons  elected  to  said  offices,  shall  be  filled  at 
the  general  election  on  the  first  Tuesday  in  October  in  the  year 
eighteen  hundred  and  seventy-six,  and,  except  county  commis- 
sioners, the  persons  so  elected  shall  hold  their  respective  offices 
for  the  term  of  one  year. 

Sec.  12.  The  provisions  of  this  Constitution  shall  be  in  force 
from  the  day  on  which  the  President  of  the  United  States  shall 
issue  his  proclamation  declaring  the  State  of  Colorado  admitted 
into  the  Union,  and  the  Governor,  Secretary,  Treasurer,  Auditor 
and  Superintendent  of  Public  Instruction  of  the  Territory  of 
Colorado  shall  continue  to  discharge  the  duties  of  their  re- 
spective offices  after  the  admission  of  the  Statie  into  the  Union 
until  the  qualification  of  the  officers  elected  or  appointed  under 
the  State  government,  and  said  officers,  for  the  time  they  may 
serve,  shall  receive  the  same  compensation  as  the  State  officers 
shall  by  law  be  paid  for  like  service. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  supplementary  report  of  the 
Committee  on  Schedule  and  the  reports  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  entitled  Revenue  and 
the  Election  Ordinance,  as  correctly  printed. 

There  being  no  objection,  the  reports  were  received  and 
filed  by  the  Secretary. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  section  18  of  the  article  on  Rev- 
enue was  taken  from  the  table. 

The  Secretary  read  the  section,  and,  there  being  no  objec- 
tion, the  section,  as  revised  by  the  committee,  was  approved  by 
the  Convention. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Revisions  and  Adjustments  on  the  article  entitled  "Schedule" 
was  taken  from  the  table  and  considered  by  sections.  The  pre- 
nmble  and  sections  1  and  2,  as  revised  by  the  committee,  were 
approved  by  the  Convention;  sections  3  and  4  remain  unchanged. 

On  motion  of  Mr.  James,  the  Convention  concurred  in  and 
approved  the  recommendation  of  the  committee  to  strike  out 
section  5.  and  insert  in  lieu  thereof  the  following  substitute: 


642  PROCEEDINGS    OF    THE 

Sec.  5.  Whenever  any  two  of  the  judges  of  the  Supreme 
Court  of  the  State,  elected  or  appointed  under  the  provisions  of 
this  Constitution,  shall  have  qualified  in  their  office,  the  causes 
theretofore  pending  in  the  Supreme  Court  of  the  Territory,  and 
the  papers,  records  and  proceedings  of  said  court,  and  the  seal 
and  other  property  pertaining  thereto,  shall  pass  into  the  juris- 
diction and  possession  of  the  Supreme  Court  of  the  State;  and, 
until  so  superseded,  the  Supreme  Court  of  the  Territory,  and  the 
judges  thereof,  shall  continue,  with  like  powers  and  jurisdiction 
as  if  this  Constitution  had  not  been  adopted.  Whenever  the 
judge  of  the  District  Court  of  any  district,  elected  or  appointed 
under  the  provisions  of  this  Constitution,  shall  have  qualified  in 
his  office,  the  several  causes  theretofore  pending  in  the  District 
Court  of  the  Territory  within  any  county  in  such -district,  and 
the  records,  papers  and  proceedings  of  said  District  Court,  and 
the  seal  and  other  property  pertaining  thereto,  shall  pass  into 
the  jurisdiction  and  possession  of  the  District  Court  of  the  State 
for  such  county;  and,  until  the  District  Courts  of  the  Territory 
shall  be  superseded  in  manner  aforesaid,  the  said  District  Courts 
and  the  judges  thereof  shall  continue,  with  the  same  jurisdiction 
and  powers,  to  be  exercised  in  the  same  Judicial  districts  here- 
tofore constituted  under  the  laws  of  the  Territory. 

Sections  6  and  7  remain  unchanged;  sections  8,  9,  10,  11  and 
12,  as  revised  by  the  committee,  were  approved  by  the  Conven- 
tion. 

On  motion  of  Mr.  Wells,  the  supplementary  report  of  the 
Committee  on  Schedule  was  taken  from  the  table. 

Mr.  Carr  moved  that  the  report  be  considered  by  sections, 
which  was  agreed  to. 

On  motion  of  Mr.  Elder,  the  Convention  adopted  section  13 
as  reported  by  the  committee. 

On  motion  of  Mr.  Yount,  the  Convention  adopted  section  14 
as  reported  by  the  committee. 

On  motion  of  Mr.  Ellsworth,  the  Convention  adopted  section 
15  as  reported  by  the  committee. 

Mr.  Felton  offered  an  additional  section  to  the  article  on 
Schedule,  as  follows,  which,  on  his  own  motion,  was  ordered 
printed  and  laid  upon  the  table  for  future  consideration: 

The  qualified  electors  of  this  State  shall,  on  the  first  Tues- 
day after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-six,  assemble  in  their 
respective  counties  at  the  usual  places  designated  for  holding 
elections  and  proceed  to  elect  three  electors  of  President  and 
Vice-President  of  the  United  States.  The  acting  Governor  of 
the  State  shall  issue  his  proclamation  for  the  above  election, 
and  shall  in  said  proclamation  designate  the  manner  of  holding 
the  election,  canvassing  the  votes,  and  to  whom  the  abstracts  of 
votes  shall  be  returned,  and.  also  designate  who  shall  compose 


co.Nsirn  rioNAL  CONVENTION.  643 

the  State  Canvassing  Hoard  and  j^ive  cert  ilicales  of  election  to 
tin-  several  electors. 

The  additional  section  iNo.  IS)  to  the  article  on  Revenue 
and  the  article  on  Schedule  were  recommitted  to  the  Committee 
on  Revisions  and  Adjustments  for  adjustment  in  the  Constitu- 
tion, and  the,  Secretary  was  instructed  to  furnish  the  Committee 
on  Engrossing  and  Enrolling  with  a  copy  for  enrollment.  Also, 
the  supplementary  report  of  the  Committee  on  Schedule  as 
adopted  by  the  Convention  was  ordered  engrossed  and  referred 
to  the  Committee  on  Revisions  and  Adjustments. 

On  motion  of  Mr.  Wells,  the  report  of  the  Committee  on 
Ke  visions  and  Adjustments  on  the  Election  Ordinance  was  taken 
from  the  table. 

Mr.  Pease  moved  that  it  be  considered  by  clauses,  which 
was  agreed  to. 

On  motion  of  Mr.  Felton,  the  Convention  approved  the  re- 
vision of  the  Preamble  as  reported  by  the  committee. 

On  motion  of  Mr.  Felton,  the  Convention  approved  the  re- 
vision of  the  first  clause  as  reported  by  the  committee. 

On  motion  of  Mr.  Wheeler,  the  Convention  approved  the 
revision  of  the  second  clause,  as  reported  by  the  committee. 

Mr.  Felton  moved  to  amend  the  third  clause  by  striking 
out  all  of  the  clause  after  the  word  "laws,"  in  the  seventh  line, 
which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Felton. 

Mr.  Yount  moved  to  amend  the  third  clause  by  striking  out 
all  after  the  word  "election,"  in  the  first  line  of  the  proviso. 

And,  the  question  being  upon  the  motion  of  Mr.  Yount,  and, 
being  put,  it  was  decided  in  the  negative — ayes,  3;  noes,  20. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are :  Messrs.  Cooper,  Felton,  Yount. 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Bromwell, 
Beck,  Carr,  Cushman,  Crosby,  Ellsworth,  Elder,  Garcia,  Hough, 
James,  Lee,  Plumb,  Pease,  Quillian,  Stone,  Webster,  Wells, 
Wheeler,  Mr.  President. 

So  the  Convention  refused  to  concur  in  the  amendment 
offered  by  Mr.  Yount. 

Mr.  James  moved  that  the  Convention  concur  in  and  ap- 
prove the  third  clause  as  revised  by  the  committee. 

And,  the  question  being  upon  the  motion  of  Mr.  James  to 
approve  the  revision  of  the  third  clause,  and  being  put  and  a 
division  called,  it  was  decided  in  the  affirmative — ayes,  18; 
noes,  3. 

So  the  Convention  concurred  in  and  approved  the  revision 
of  the  third  clause  as  reported  by  the  committee. 


644  PROCEEDINGS    OF    THE 

On  motion  of  Mr.  Plumb,  the  Convention  concurred  in  and 
approved  the  revision  of  the  fourth  clause  as  reported  by  the 
committee. 

On  motion  of  Mr.  Felton,  the  Convention  concurred  in  and 
approved  the  revision  of  the  fifth  clause  as  reported  by  the 
committee. 

On  motion  of  Mr.  Yount,  the  Convention  concurred  in  and 
approved  the  revision  of  the  sixth  clause  as  reported  by  the 
committee. 

So  the  Convention  approved  the  Election  Ordinance,  in  the 
words  following: 

ELECTION  ORDINANCE. 

In  conformity  with  the  requirements  of  the  act  of  the  Con- 
gress of  the  United  States,  entitled  "An  act  to  enable  the  people 
of  Colorado  to  form  a  Constitution  and  State  government,  and 
for  the  admission  of  said  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States,"  approved  March  3,  A.  D.  1875,  on 
behalf  and  by  the  authority  of  the  people  of  the  Territory  of 
Colorado,  this  Convention,  assembled  in  pursuance  of  said 
enabling  act  at  the  city  of  Denver,  the  capital  of  said  Territory, 
on  the  fourteenth  day  of  December,  A.  D.  1875,  does  ordain  and 
declare: 

First.  That  an  election  shall  be  hel'd  throughout  the  Terri- 
tory of  Colorado  on  the  first  day  of  July,  in  the  year  eighteen 
hundred  and  sexenty-six,  for  the  ratification  or  rejection  of  the 
Constitution  framed  and  adopted  by  this  Convention. 

Second.  At  said  election  the  Constitution  framed  and 
adopted  by  this  Convention  shall  be  submitted  to  the  people  of 
the  Territory  for  their  ratification  or  rejection,  and  all  persons 
who  are  then  qualified  electors  under  the  laws  of  the  Territory 
shall  be  qualified  to  vote  upon  the  ratification  or  rejection 
thereof. 

Third.  Said  election  shall  be  held  at  the  several  places  in 
the  several  wards  and  precincts  throughout  the  Territory  ap- 
pointed for  the  holding  (of)  elections  under  the  laws  of  the  Ter- 
ritory, and  shall  be  conducted  in  the  manner  prescribed  by  the 
laws  of  said  Territory  regulating  elections.  The  judges  of  elec- 
tions appointed  under  the  laws  of  the  Territory  in  each  of  said 
wards  and  precincts  shall  act  as  judges  of  said  election,  and  va- 
cancies in  the  board  of  judges  of  any  ward  or  precinct  shall  be 
filled,  and  clerks  of  eection  shall  be  appointed,  in  the  manner 
prescribed  by  said  laws.  Provided,  That  no  law  requiring  a  regis- 
tration of  voters  shall  apply  to  said  election,  and  any  qualified 
elector  may  at  said  election  vote  at  any  ward  or  precinct  in  the 
Territory.  Whenever  any  person  shall  present  himself  to  vote 
at  said  election,  and  either  of  the  judges  shall  suspect  that  such 
person  is  not  a  qualified  elector  of  the  Territory,  or  if  his  vote 
shall  be  challenged  by  any  elector  who  has  previously  voted  at 
the  said  election,  then,  before  the  ballot  of  such  person  shall  be 


CO.NSTITI   TIONAL    CONVENTION.  (J4."l 

received,  he  shall  take  and  subscribe  the  following  oath  or  affir- 
iii.-uioii:  "You  do  solemnly  swear  (or  atTirm  i  thai  von  are  a  resi- 
dnii  of  -  -  county,  in  the  Territory  of  Colorado;  that  you 
have  resided  in  this  Territory  six  months  immediately  preceding 
this  election;  that  you  have,  to  the  best  of  your  knowledge  and 
belief,  attained  the  age  of  twenty-one  years,  and  have  not  voted 
at  this  election." 

Fourth.  Each  elector  voting  at  said  election  shall  deposit 
in  the  ballot  box  a  ticket  whereon  shall  be  printed  or  written 
the  words  "For  the  Constitution"  or  the  words  "Against  the 
Constitution,"  or  other  equivalent  words. 

Fifth.  The  acting  Governor  of  the  Territory  shall,  within 
thirty  days  after  the  adjournment  of  this  Convention,  issue  his 
proclamation  for  said  election,  to  be  held  in  conformity  with  the 
provisions  of  this  amendment;  and  the  Secretary  of  the  Territory 
shall,  on  or  before  the  fifteenth  day  of  May,  A.  D.  1876,  make 
out  and  transmit  to  the  sheriff  of  each  county  a  notice  in  writing 
of  said  election,  together  with  a  copy  of  this  ordinance. 

Sixth.  The  votes  cast  at  said  election  for  the  adoption  or 
rejection  of  the  Constitution  shall  be  canvassed  in  the  manner 
prescribed  by  the  laws  of  the  Territory  of  Colorado  for  can- 
vassing the  votes  of  general  elections,  and  the  returns  of  said 
election  shall  be  made  to  the  acting  Governor  of  the  Territory, 
who,  with  the  Chief  Justice  and  the  United  States  Attorney  of 
said  Territory,  or  any  two  of  them,  shall  canvass  the  same;  and, 
if  a  majority  of  the  legal  votes  cast  shall  be  for  the  Constitution, 
the  acting  Governor  shall  certify  the  same  to  the  President  of 
the  United  States,  together  with  a  copy  of  said  Constitution 
and  the  ordinances  adopted  by  this  Convention. 

On  motion  of  Mr.  Felton,  the  Election  Ordinance  was  re- 
ferred to  the  Committee  on  Engrossing  and  Enrolling  for  enroll- 
ment. 

Mr.  Hough  asked  for  leave  of  absence  for  the  remainder  of 
the  session  of  the  Convention,  which,  on  motion  of  Mr.  Wells, 
was  granted. 

On  motion  of  Mr.  Crosby,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Cushman,  Douglas,  Hurd,  Head, 
James,  Marsh,  Meyer,  Quillian,  Rockwell,  S>tone,  Stover, 
Thatcher,  Vigil,  Webster,  White,  Wells. 

Mr.  Hough,  chairman  of  the  Committee  on  Printing,  re- 
ported back  to  the  Convention  the  additional  section  to  the 
article  on  Schedule  offered  by  Mr.  Felton,  as  correctly  printed. 


646  PROCEEDINGS    OF    THE 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

Messrs.  Cushman,  Hurd,  White,  James,  Quillian  and  Web- 
ster appeared  and  took  their  seats. 

Mr.  Carr  offered  the  following  additional  section  to  the 
article  on  Corporations,  viz.: 

No  corporation  shall  be  hereafter  organized  in  this  State 
under  any  name  which,  does  not  fully  and  clearly  express  its 
corporate  character.  Stockholders  in  all  corporate  companies 
shall  be  individually  liable  for  the  debts  of  the  company  to  an 
amount  equal  to  the  unpaid  capital  stock  held  by  them  respect- 
ively, and  not  further. 

Mr.  Bromwell  moved  to  amend  the  section  offered  by  Mr. 
Carr  by  striking  out  the  words  "the  unpaid"  and  inserting  in 
lieu  thereof  the  words  "double  the  amount  of  the." 

Mr.  Crosby  moved  that  the  section  offered  by  Mr.  Carr,  and 
the  amendment  thereto  offered  by  Mr.  Bromwell,  be  laid  upon 
the  table. 

And,  the  question  being  upon  the  motion  of  Mr.  Crosby 
to  lay  upon  the  table,  and  being  put,  it  was  decided  in  the 
affirmative — ayes,  14;  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Barela,  Bromwell,  Cushman,  Clark, 
Cooper,  Crosby,  Ebert,  Felton,  Hough,  Kennedy,  Lee,  Plumb, 
Webster,  Wilcox. 

Those  voting  in  the  negative  are:  Messrs.  Beck,  Carr,  Ells- 
worth, Elder,  Garcia,  James,  Pease,  White,  WTheeler,  Widder- 
field,  Yount,  Mr.  President. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Crosby 
to  lay  the  section  offered  by  Mr.  Carr,  with  the  amendment 
thereto  offered  by  Mr.  Bromwell,  upon  the  table. 

On  motion  of  Mr.  Widderfield,  the  Committee  on  Enrollment 
were  granted  leave  to  sit  during  the  afternoon  session  of  the 
Convention. 

On  motion  of  Mr.  Quillian,  the  Convention  adjourned  until 
3  :15  p.  m.  

3:15  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Crosby,  Douglas,  Hurd,  Head, 
Marsh,  Meyer,  Rockwell,  Thatcher,  Vigil. 

Mr.  Hough,  Chairman  of  the  Committee  on  Printing,  sub- 
mitted the  following  report: 
To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention : 

Your  Committee  on  Printing,  to  whom  was  referred  the  res- 
olution offered  by  Mr.  White,  together  with  the  instructions  of 


CONSTITUTIONAL   CONVENTION.  647 

the  Convention  authorizing  your  commit  Ice  to  receive  bids  for 
the  publication  in  pamphlet  form  of  the  Constitution,  beg  leave 
to  report  i lint  they  have  asked  for  and  received  several  bids, 
and  request  of  the  Convention  that  such  bids  be  opened  and 
art  I'd  upon  by  the  Convention.  Your  committee  further  report 
that  tin*  1  >r nver  Daily  Tribune  office  refuses  to  make  any  addi- 
tional bid,  claiming  that,  being  the  lowest  bidder,  are  [it  is]  en- 
titled by  right  to  have  the  contract  awarded  upon  their  original 
bid  on  the  same  basis  as  other  printing. 

JNO.  H.  HOUGH, 
Chairman  of  Committee. 

On  motion  of  Mr.  White,  the  report  was  received. 

Mr.  .Tamos  moved  that  the  bids  be  opened  and  read. 

Mr.  Hough  moved  to  amend  the  motion  of  Mr.  James  by  add- 
ing thereto  the  words  "and  acted  upon,"  which  amendment  was 
accepted  by  Mr.  James. 

And,  the  question  being  upon  the  motion  of  Mr.  James  as 
amended  by  Mr.  Hough,  and,  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  James  as 
amended  by  Mr.  Hough. 

Mr.  Wilcox  moved  that  the  contract  for  printing  1,000 
copies  of  the  Constitution  and  address  to  the  people  in  German, 
and  the  contract  for  translating  the  same  be  awarded  Mr.  Will- 
iam Wittborg  upon  the  terms  stated  in  his  tender  for  the  same. 

Mr.  Felton  moved  that  the*  further  consideration  of  printing 
the  address  and  the  Constitution  be  postponed  until  to-morrow 
after  the  regular  order  of  business,  which  wras  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr, 
Felton  to  postpone. 

Mr.  Carr  moved  that  the  subject  of  printing  the  Constitu- 
tion and  address  be  referred  to  the  Committee  on  Accounts  and 
Expenditures  of  Convention. 

On  motion  of  Mr.  Wells,  the  further  consideration  of  the 
report  of  the  Committee  on  Printing  was  postponed,  and,  on 
motion  of  Mr.  Wrells,  the  article  on  Kevenue,  with  the  additional 
section  (No.  18)  thereto,  was  ordered  enrolled. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  submitted  the  following  report  of  that  committee: 

Denver,  March  10,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Revisions  and  Adjust- 
ments, to  whom  was  referred  the  Schedule  heretofore  adopted 
by  the  Convention  and  the  supplemental  sections  13,  14,  15  con- 
tained in  C.  C.  R.  No.  71,  beg  leave  to  report  that  they  have  had 
the  same  under  consideration,  and  respectfully  recommend  that 
said  section  13  be  stricken  out,  and  that  the  word  "respectively 


648  PROCEEDINGS    OF    THE 

as"  be  inserted  in  section  5  of  the  Schedule  as  contained  in  the 
report  of  this  committee  (0.  C.  R.  No.  72),  after  the  word  "dis- 
tricts," in  the  thirteenth  line  of  such  printed  copy. 

Your  committee  also  report  said  sections  14  and  15  of  the 
Schedule  without  change,  and  recommend  that  they  be  inserted 
in  the  Schedule  as  sections  13  and  14. 

E.  T.  WELLS, 

Chairman. 

On  motion  of  Mr.  Clark,  the  Convention  concurred  in  and 
approved  the  recommendations  of  the  committee. 

On  motion  of  Mr.  Wells,  the  article  on  Schedule,  together 
with  the  sections  just  adopted,  were  ordered  enrolled. 

The  Convention  then  resumed  the  consideration  of  the  re- 
port of  the  Committee  on  Printing. 

Mr.  White  moved  to  amend  the  motion  of  Mr.  Carr  to  refer 
the  subject  to  the  Committee  on  Accounts  and  Expenditures  by 
adding  "with  instructions  to  contract  for  printing  the  Consti 
tutiou  on  the  most  reasonable  terms,  and  upon  the  condition 
that  any  party  so  contracting  shall  depend  on  Territorial  or 
State  appropriations  or  on  future  appropriations  by  Congress 
for  payment,"  wrhich  amendment  was  accepted  by  Mr.  Carr. 

And,  the  question  being  upon  the  motion  of  Mr.  Carr  as 
amended,  and  being  put  and  a.  division  called,  it  was  decided  in 
the  affirmative — ayes,  14;  noes,  7. 

So  the  Convention  concurred. in  the  motion  of  Mr.  Carr  as 
amended  to  refer  the  subject  to  the  Committee  on  Accounts  and 
'Expenditures,  with  instructions  as  above. 

Mr.  Clark  offered  the  following  resolution,  and  moved  its 
adoption : 

Resolved,  That  the  amount  appropriated  by  the  National 
Government  be  divided  pro  rata  among  the  members,  officers 
and  employes  of  this  Convention,  and  that  the  Committee  on 
Accounts  and  Expenditures  be  instructed  to  report  the  amount 
due  each  in  such  distribution. 

Mr.  Carr  offered  the  following  as  a  substitute  for  the  reso- 
lution offered  by  Mr.  Clark: 

Resolved,  That  all  certificates  hereafter  issued  by  the  Presi- 
dent of  this  Convention  for  the  payment  of  officers  and  members 
thereof,  and  for  the  payment  of  other  expenses  of  the  Conven- 
tion, be  in  the  form  of  warrants  drawn  on  the  Territorial  Auditor. 

Mr.  Carr  moved  that  the  consideration  of  the  resolution 
offered  by  Mr.  Clark,  and  the  substitute  therefor  offered  by  Mr. 
Carr,  be  postponed  until  to-morrow  after  regular  order  of  busi- 
ness. 

On  motion  of  Mr.  Carr,  the  Convention  adjourned  until  9 
o'clock  a.  m.  to-morrow. 


\l.    CM \VK.\TI ON.  649 


SATURDAY,  MARCH  11,  1870,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  tbe  Rev.  Mr.  Eads. 

Roll  called. 

Absent — Messrs.  Boyles,  Bromwell,  Clark,  Douglas,  Ebert, 
Hurd,  Hough,  Head,  Kennedy,  Marsh,  Meyer,  Rockwell,  Stone, 
Thatcher,  Vigil,  Webster  and  White. 

The  Journal  of  preceding  day  having  been  partially  read,  on 
motion  of  Mr.  Cooper  the  reading  of  the  reports  of  the  Com- 
mittee on  Revisions  and  Adjustments  was  dispensed  with. 

Mi.  Wheeler  moved  that  the  further  reading  of  the  Journal 
be  dispensed  with,  which  was  agreed  to. 

Mr.  Cooper,  Chairman  of  the  Committee  on  Engrossing  and 
Enrolling,  reported  back  the  article  on  Schedule,  as  correctly 
engrossed. 

There  being  no  objection,  the  report  was  received  and  filed 
by  the  Secretary. 

On  motion  of  Mr.  Cooper,  the  Committee  on  Engrossing  and 
Enrolling  were  granted  leave  to  sit  during  the  session  of  th<* 
Convention. 

The  next  order  of  business  being  the  unfinished  business  of 
yesterday,  viz.,  the  consideration  of  the  resolution  offered  by  Mr. 
Clark  and  the  substitute  therefor  offered  by  Mr.  Carr. 

On  motion  of  Mr.  Felton,  the  resolution  and  substitute  were 
laid  upon  the  table  for  future  consideration. 

On  motion  of  Mr.  Felton,  the  additional  section  to  the  article 
on  Schedule  offered  by  him  yesterday  was  taken  from  the  table, 
and,  on  motion  of  Mr.  Felton,  the  consideration  of  the  said  ad- 
ditional section  was  indefinitely  postponed. 

Messrs.  Bromwell,  Carr,  Clark,  Hurd,  Kennedy,  Stone  and 
Webster  appeared  and  took  their  seats. 

Mr.  Felton  moved  that  a  special  committee  of  five  members 
be  appointed  to  confer  with  the  Auditor  of  the  Territory  of 
Colorado,  and  to  take  such  steps  as  may  be  necessary  for  obtain- 
ing the  opinion  of  a  Justice  of  the  Supreme  Court  of  (the)  Terri- 
tory of  Colorado  as  to  the  authority  of  said  Auditor  to  issue 
warrants  for  the  sum  of  twenty-six  thousand  dollars  appropri- 
ated by  the  Legislative  Assembly  to  defray  the  expenses  of  this 
Convention. 

Mr.  Pease  moved  to  amend  the  motion  of  Mr.  Felton  by 
striking  out  the  word  "five,"  and  inserting  in  lieu  the  word 
"three,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Pease. 


650  PROCEEDINGS   OF    THE 

The  question  then  being  upon  the  motion  of  Mr.  Felton  as 
amended  by  Mr.  Pease,  and,  being  put,  it  was  agreed  to. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Felton 
as  amended  by  Mr.  Pease,  and  the  President  appointed  as  such 
special  committee  Messrs.  Wells,  Stone  and  Bromwell. 

Mr.  Bromwell  asked  that  he  be  excused  from  serving  on  the 
above  Special  Committee,  and  on  motion  of  Mr.  Carr  he  was 
excused,  and  the  President  appointed  Mr.  Carr  a  member  of  the 
Special  Committee  to  fill  the  vacancy. 

Mr.  Wells  offered  the  following  two  additional  sections  to 
the  article  on  Schedule,  which,  on  his  own  motion,  were  adopted 
by  the  Convention : 

Sec.  15.  Senators  and  members  of  the  House  of  Representa- 
tives  shall  be  chosen  by  the  qualified  electors  of  the  several 
Senatorial  and  Representative  districts,  as  established  in  this 
Constitution,  until  such  districts  shall  be  changed  by  law,  and 
thereafter  by  the  qualified  electors  of  the  several  districts  as  the 
same  shall  be  established  by  lawT. 

Sec.  16.  The  votes  cast  for  Representatives  in  Congress  at 
the  first  election  held  under  the  Constitution  shall  be  canvassed 
and  the  result  determined  in  the  manner  provided  by  the  laws 
of  the  Territory  for  the  canvass  of  votes  for  Delegate  in  Congress. 

On  motion  of  Mr.  Wells,  the  five  additional  sections  to  the 
article  on  Schedule  as  adopted  by  ^he  Convention  were  ordered 
engrossed  and  referred  to  the  Committee  on  Engrossing  and  En^ 
rollment  for  enrollment  in  the  Constitution. 

On  motion  of  Mr.  Felton,  the  Convention  adjourned  until 
2  o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Barela,  Boyles,  Douglas,  Ebert,  Garcia, 
Hurd,  Hough,  Head,  Kennedy,  Marsh,  Meyer,  Rockwell,  Thatch- 
er, Vigil,  Wheeler  and  Widderfield. 

Mr.  Yount  asked  for  leave  of  absence  for  Mr.  Wheeler, 
which  was  granted. 

Mr.  Felton  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revisions  and  Adjust- 
ments be  instructed  to  strike  out  the  word  "fourth,"  in  the  first 
line  of  the  seventh  section  of  the  Legislative  article,  and  insert 
in  lieu  the  word  "first." 

On  motion  of  Mr.  Crosby,  the  resolution  was  referred  to  the 
Committee  on  Judiciary. 

On  motion  of  Mr.  Carr,  the  Committee  on  Judiciary  was  in- 
structed to  consider  and  report  to  the  Convention  the  advis- 
ability or  otherwise  of  inserting  in  the  article  on  Schedule  a  pro- 


CONSTITUTIONAL    CONVENTION.  651 

vision  that  the  nineteenth  section  of  the  article  on  the  Legisla- 
tive Department  shall  not  apply  to  the  first  session  of  the  Gen- 
eral Assembly. 

On  motion  of  Mr.  Crosby,  the  Convention  adjourned  until 
4  o'clock  p.  m.  

4  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Pease,  the  Convention  adjourned  until 
9  o'clock  a.  m.  on  Monday. 


652  PROCEEDINGS    OF    THE 


MONDAY,  MARCH  13,  1870,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Bliss. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Crosby,  Ebert,  Hough,  Head,. 
James,  Kennedy,  Marsh,  Rockwell.  Stover.  Thatphpr.  Vigil  and 
White.  . 

Mr.  Clark  asked  for  leave  of  absence  for  this  day  for  Mr. 
Beck,  which  was  granted. 

The  Journal  was  read  and  approved. 

Mr.  Quillian  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted. 

Resolved,  That  our  Delegate  in  Congress,  the  Hon.  Thomas 
M.  Patterson,  be  requested  to  procure  the  passage  of  an  act  of 
Congress  establishing  in  Colorado  a  United  States  District 
Court,  to  go  into  operation  upon  the  admission  of  Colorado  into 
the  Union. 

On  motion  of  Mr.  Quillian,  the  resolution  just  adopted  was 
ordered  engrossed  and  a  certified  copy  thereof  sent  to  the  Hon. 
T.  M.  Patterson. 

Mr.  Clark  offered  the  following  resolution,  and  moved  its. 
adoption : 

Resolved,  That  the  hour  of  10  o'clock  p.  m.,  on  Tuesday  the 
14th  day  of  March,  187G,  be  designated  as  the  time  for  adjourn- 
ment of  this  Convention. 

And,  the  question  being  upon  the  motion  of  Mr.  Clark  to 
adopt  the  above  resolution  offered  by  him,  and  being  put  and  a 
division  called,  it  was  decided  in  the  negative — ayes,  9;  noes,  11. 

So  the  Convention  refused  to  adopt  the  resolution  offered 
by  Mr.  Clark. 

Mr.  Crosby  appeared  and  took  his  seat. 

Mr.  Pease  offered  the  following  resolution,  and  moved  its. 
adoption : 

Resolved,  That  the  Committee  on  Revisions  and  Adjust- 
ments be  instructed  to  alter  the  term  or  phrase  "high  crimes  or 
misdemeanors,"  in  the  article  on  Impeachment  and  Removal 
from  Office,  article  13,  in  -  -  line  thereof,  by  striking  out  the 
word  "or"  and  inserting  the  word  "and,"  so  that  the  same  will 
read  "high  crimes  and  misdemeanors." 

And,  the  question  being  upon  the  motion  of  Mr.  Pease,  and 
being  put,  it  was  decided  in  the  negative — ayes,  9;  noes,  12. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are:  Messrs.  Bromwell,  Cooper,  Ellsworth,  Elder, 
Garcia,  Kennedy,  Pease,  Stone,  Mr.  President. 


CONSTITUTIONAL    CONVENTION.  653 

Those  voting  in  the  negative  are:  Messrs.  Barela,  Cushman, 
Chnk.  Douglas,  Felton,  Hurd,  Lee,  Quillian,  Webster,  Wells, 
Wilcox,  Yount. 

So  the  Convention  refused  to  adopt  the  resolution  offered 
by  Mr.  Pease. 

.Mr.  Wells,  Chairman  of  the  Committee  on  Revisions  and 
Adjustments,  submitted  the  following  report  of  that  committee: 

Denver,  March  13,  187G. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado : 

Gentlemen — Your  Committee  on  Revisions  and  Adjust- 
ments, having  had  under  consideration  the  Schedule  as  hereto- 
fore agreed  to,  respectfully  recommend  the  following  emenda- 
tions, to  wit:  In  the  first  section,  and  in  the  second  line  thereof, 
according  to  the  printed  copy  (No.  62)  of  the  former  report  of  this 
committee,  strike  out  the  words  "in  full  force,"  and  insert  in 
lieu  thereof  the  words  "of  the  same  force  as  if  this  Constitution 
had  not  been  adopted."  Your  committee  also  recommend  the 
following  additional  section: 

The  provision  of  the  Constitution  that  no  bill  except  the 
general  appropriation  bill,  introduced  in  either  house  after  the 
first  twenty-five  days  of  the  session,  shall  become  a  law,  shall  not 
apply  to  the  first  session  of  the  General  Assembly:  but  no  bill 
introduced  in  either  house  at  the  first  session  of  the  General 
Assembly  after  the  first  fifty  days  thereof  shall  become  a  law. 

On  motion  of  Mr.  Bromwell,  the  convention,  concurred  in 
and  approved  the  recommendation  of  the  committee  in  reference 
to  section  1  of  the  article  on  Schedule,  and  also  adopted  the 
additional  section  to  the  same  article  as  reported  by  the  com- 
mittee. 

On  motion  of  Mr.  Carr,  the  secretary  wras  instruced  to  fur- 
nish the  Committee  on  Engrossing  and  Enrolling  for  enrollment 
with  a  copy  of  the  resolution  adopted  at  the  first  day's  session 
of  the  Convention  in  reference  to  the  adoption  by  the  Conven- 
tion of  the  Constitution  of  the  United  States. 

On  motion  of  Mr.  Clark,  Mr.  Barela  was  added  to  the  spe- 
cial committee  appointed  to  prepare  an  address  to  the  people. 

On  motion  of  Mr.  Clark,  the  consideration  of  the  report  of 
ihe  special  committee  appointed  to  prepare  an  address  to  the 
people  was  made  the  special  order  for  2  o'clock  this  afternoon. 

Mr.  Wells  asked  for  leave  of  absence  during  the  remainder 
of  the  morning  session,  which  was  granted. 

On  motion  of  Mr.  Clark,  the  Convention  adjourned  until  2 
o'clock  p.  m. 

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 


654  PROCEEDINGS    OF    THE 

Absent — Messrs.  Boyles,  Beck,  Crosby,  Ebert,  Hough,  Head, 
Marsh,  Meyer,  Rockwell,  Thatcher,  Vigil  and  White. 

The  special  order  for  this  hour  being  the  consideration  of 
the  report  of  the  Special  Committee  appointed  to  prepare  an 
"address  to  the  people/' 

On  motion  of  Mr.  Carr,  the  Convention  resolved  itself  into 
Committee  of  the  Whole  to  consider  the  "address"  as  reported 
by  the  committee,  Mr.  Ellsworth  in  the  chair,  and  after  some 
time  spent  therein,  the  President  resumed  the  chair,  and  Mr. 
Ellsworth  reported. 

Mr.  Wells  offered  the  following  resolutions,  which,  on  his 
own  motion,  were  adopted : 

Resolved,  That  the  resolution  which  passed  this  Conven- 
tion on  the  22d  day  of  December,  A.  D.  1875,  adopting  the  Con- 
stitution of  the  United  States,  be  enrolled  in  duplicate  with  the 
following  prefix:  "Be  it  remembered,  that  in  the  Convention  of 
the  representatives  of  the  people  of  the  Territory  of  Colorado, 
chosen  in  pursuance  of  the  act  of  Congress  of  the  United  States, 
entitled,  'An  act  to  enable  the  people  of  Colorado  to  form  a 
Constitution  and  State  government,  and  for  the  admission  of 
the  said  State  into  the  Union,  on  an  equal  footing  with  the  orig- 
inal States,'  approved  March  3,  A.  D.  1875,  and  assembled  at 
the  seat  of  government  of  said  Territory,  in  pursuance  of  said 
act,  on  the  20th  day  of  December,  A.  D.  1875,  after  the  organ- 
ization of  said  Convention,  and  before  proceeding  to  other  busi- 
ness, which  was  on  the  22d  day  of  December,  A.  D.  1875." 

Resolved,  That  the  President  and  Secretary  of  the  Con- 
vention certify  each  of  said  enrolled  copies  to  be  a  true  copy 
from  the  Journal  of  the  Convention. 

Resolved,  That  each  of  the  ordinances  adopted  by  this  Con- 
vention be  also  enrolled  in  duplicate,  and  certified  in  like  man- 
ner by  the  President  and  Secretaries  [Secretary]  of  the  Conven- 
tion. 

Resolved,  That  the  Constitution  framed  by  this  Convention 
be  enrolled  in  duplicate,  and  that  each  of  said  enrolled  copies 
be  attested  by  the  signatures  of  the  President  and  Secretaries 
[Secretary]  of  the  Convention  and  of  the  members  present. 

Resolved,  That  one  of  said  enrolled  copies  of  the  Constitu- 
tion, attested  as  aforesaid,  and  one  of  said  enrolled  copies  of  the 
resolution  of  December  22,  1875,  and  one  enrolled  copy  of  each 
of  the  ordinances  aforesaid,  attested  as  before  mentioned,  be 
delivered  by  the  Secretary  of  that  Convention  to  the  Governor 
of  the  Territory,  to  be  by  him  certified  to  the  President  of  the 
United  States  in  case  this  Constitution  shall  be  ratified  by  the 
people,  and  that  the  other  of  said  enrolled  copies,  together  with 
the  Journal  and  other  records,  proceedings  and  files  of  this  Con- 
vention, and  all  papers  pertaining  thereto,  be  by  the  Secretary 
of  the  Convention  delivered  to  the  Secretary  of  the  Territory,  to 
be  by  him  preserved  in  his  office  in  perpetual  memorial  of  the 


CONSTITUTIONAL   CONVENTION.  655 

acts  of  this  Convention,  and  the  Constitution  and  form  of  gov- 
ernment of  the  State  of  Colorado. 

Mr.  Stone,  chairman  of  the  Committee  on  Judiciary,  sub- 
mitted the  following  report  of  that  committee: 

Denver,  Colorado,  March  13,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Standing  Committee  on  Judiciary,  having 
considered  the  matter  referred  to  them  relating  to  the  choosing 
of  electors  for  the  Electoral  College,  beg  leave  to  report  that 
they  find  precedents  in  the  case  of  Nevada  for  providing  in  the 
Election  Ordinance  appended  to  the  Constitution,  that  such  elec- 
tors be  chosen  at  an  election  for  that  purpose  in  accordance 
with  the  time  fixed  by  act  of  Congress.  Your  committee  also 
find  some  authority  for  such  action  in  all  cases  where  a  Terri- 
tory passes  into  a  condition  of  Statehood,  and  the  choosing  of 
said  electors  can  not  in  the  nature  of  things  be  provided  for 
in  such  manner  as  the  Legislature  of  the  State  may  direct,  un- 
less the  appointment  of  the  electors  is  delayed  until  the  new 
State  has  been  fully  clothed  with  all  the  conditions  of  State- 
hood, and  its  Legislature  has  by  proper  enactments  fully  pro- 
vided for  the  mode  and  manner  of  appointing  such  electors;  this, 
in  the  present  case  of  Colorado,  as  in  the  case  of  Nevada  and 
all  similar  cases,  would  work  great  inconvenience,  and  operate 
to  possibly  prevent  the  casting  of  the  electoral  vote  by  such 
State,  unless  the  Convention  framing  the  first  Constitution  for 
a  new  State  can  be  regarded  as  possessing  legislative  powers  to 
an  extent  sufficient  to  provide  for  the  choosing  of  such  electors, 
the  same  as  Representatives  to  Congress,  at  an  election  held  for 
such  purpose,  and  at  the  time  provided  by  the  act  of  Congress 
of  the  United  States. 

In  view  of  the  authority  and  the  precedent  referred  to,  your 
committee  therefore  recommend  the  adoption  of  a  provision  for 
holding  an  election  for  such  number  of  electors  as  the  State  of 
Colorado  will  be  entitled  to,  on  the  first  Tuesday  after  the  first 
Monday  of  November,  A.  D.  1876.  This  will  obviate  the  neces- 
sity of  the  appointing  of  such  electors  by  the  General  Assembly 
directly,  as  has  been  proposed — a  course  which  would  indirectly 
lead  to  inconvenience,  wrangling  and  discord,  and,  very  likely, 
to  such  party  feeling  in  the  General  Assembly  as  would  defeat 
the  chance  of  electors  altogether  by  that  body. 

Respectfully  submitted, 

WILBUR  F.  STONE, 
Chairman  of  Judiciary  Committee. 

On  motion  of  Mr.  Pease,  the  report  was  received,  and  its 
consideration  made  the  special  order  for  to-morrow  morning  af- 
ter the  regular  order  of  business. 


656  PROCEEDINGS    OP    THE 

On  motion  of  Mr.  Wells,  the  hour  of  4  o'clock  to-morrow 
was  the  time  appointed  for  the.  members  to  affix  their  signa- 
tures to  the  enrolled  copy  of  the  Constitution  as  adopted  by  the 
Convention. 

On  motion  of  Mr.  Ellsworth,  the  Convention  adjourned  until 
9  o'clock  to-morrow. 


CON8TIT1    rmXAL   CONVENTION.  I».~i7 


TUESDAY.  M Alidl    11.  1 876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment.  Prayer  was  of- 
fered by  the  KYv.  .Mr.  Culloch. 

Roll  called. 

Absent — Messrs.  Boylcs,  Berk,  Cooper,  Crosby,  Ebert, 
Hough,  Head,  Kennedy,  Marsh,  Meyer,  Vigil,  White. 

The  Journal  of  the  preceding  day  was  read  and  approved. 

On  motion  of  Mr.  Clark,  Rule  20  was  suspended  during  this 
day's  session. 

Messrs.  Marsh,  Cooper,  White  and  Kennedy  appeared  and 
took  their  seals. 

The  special  order  for  this  hour  being  the  consideration  of 
the  report  of  the  Committee  on  Judiciary,  the  Secretary  read  the 
report,  and  Mr.  Thatcher  offered  the  following  resolution : 

Resolved,  That  the  Committee  upon  Revision  be  instructed 
to  prepare  an  additional  section  or  sections  to  the  Schedule, 
which  shall  provide  that  the  General  Assembly,  upon  meeting, 
pass  a  law  authorizing  said  Legislature  to  meet  in  joint  ballot 
on  the  Tuesday  next  after  the  first  Monday  in  November,  187G, 
and  choose  electors  of  the  Electoral  College,  and  providing  that 
the  bill  for  such  enrollment  may  be  passed  without  reference  to 
any  committee,  and  without  being  printed  and  without  being 
read  on  three  different  days  in  either  house.  That  said  commit- 
tee also  recommend  such  change  in  the  Constitution  as  shall 
fix  the  first  meeting  of  the  General  Assembly  on  the  first  Wed- 
nesday of  November  instead  of  the  fourth  Wednesday.  That 
said  committee  also  recommend  an  additional  section  in  the 
Schedule,  which  shall  require  that  the  canvass  of  the  votes  for 
the  members  of  the  first  General  Assembly  be  made  on  the  25th 
day  after  the  election. 

Mr.  Pelton  moved  the  adoption  of  the  resolution,  and  the 
question  being  upon  the  motion  of  Mr.  Felton  to  adopt  the  reso- 
lution, and  being  put,  it  was  decided  in  the  affirmative.  Ayes, 
23;  noes.  1. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Barela,  Bromwell,  Carr,  Clark,  Cooper,  Douglas, 
Ellsworth,  Elder,  Felton,  Hurd,  James,  Marsh,  Plumb,  Pease, 
Stone,  Stover,  Thatcher,  Wells,  Wilcox,  Wheeler,  Widderfield, 
Yount,  Mr.  President. 

Mr.  Lee  voted  in  the  negative. 

On  motion  of  Mr.  Wells,  the  Convention  adjourned  until  12 
o'clock  m. 


658  PROCEEDINGS    OF    THE 

12  O'CLOCK  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Cushman,  Crosby,  Ebert, 
Hough,  Head,  Kennedy,  Meyer,  Vigil,  White,  Wilcox. 

Mr.  Wells,  chairman  of  the  Committee  on  Revisions  and 
Adjustments,  submitted  the  following  report: 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion: 

Your  Committee  upon  Revision  and  Adjournment,  having 
had  under  consideration  the  matter  of  providing  for  choice  of 
electors  in  the  Electoral  College,  respectfully  recommend  that 
the  word  "fourth,"  in  the  first  line  of  the  7th  section  of  the 
fifth  article  of  the  Constitution,  as  heretofore  adopted,  accord- 
ing to  the  printed  copy  of  the  former  report  of  this  committee 
(C.  C.  R.  No.  58),  be  changed  to  "first;"  that  the  same  word 
"fourth,"  in  the  5th  line  of  same  section,  according  to  same 
printed  copy,  be  changed  to  "first;"  that  the  enrollment  be  mod- 
ified accordingly. 

Your  committee  also  recommend  the  following  additional 
sections,  to  be  inserted  in  the  Schedule,  and  numbered  respect- 
ively with  the  numbers  affixed  thereto : 

Sec.  18.  A  copy  of  the  abstracts  of  the  votes  cast  at  the 
first  general  election  held  under  this  Constitution  shall,  by  the 
county  clerks  of  the  several  counties,  be  returned  to  the  Secre- 
tary of  the  Territory  immediately  after  the  canvass  of  said  votes 
in  their  several  counties,  and  the  Secretary,  Auditor  and  Treas- 
urer of  the  Territory,  or  any  two  of  them,  shall,  on  the  twenty- 
fifth  day  after  the  election,  meet  at  the  seat  of  government,  and 
proceed  to  canvass  the  votes  cast  for  members  of  the  General 
Assembly  and  determine  the  result  thereof. 

Sec.  19.  The  General  Assembly  shall,  at  their  first  session, 
immediately  after  the  organization  of  the  two  houses,  and  after 
the  canvass  of  the  votes  for  officers  of  the  Executive  Depart- 
ment, and  before  proceeding  to  other  business,  provide  by  act 
or  joint  resolution  for  the  appointment  by  said  General  Assem- 
bly of  electors  in  the  Electoral  College,  and  such  joint  resolution 
or  the  bill  for  such  enactment  may  be  passed  without  being 
printed  or  referred  to  any  committee  or  read  on  more  than 
one  day  in  either  house,  and  shall  take  effect  immediately  after 
the  concurrence  of  the  two  houses  therein,  and  the  approval  of 
the  Governor  thereto  shall  not  be  necessary. 

Sec.  20.  The  General  Assembly  shall  provide  that  after  the 
year  eighteen  hundred  and  seventy-six,  the  electors  of  the  Elec- 
toral College  shall  be  chosen  by  direct  vote  of  the  people. 


CONSTITUTIONAL   CONVENTION.  659 

Sec.  21.  The  General  Assembly  shall  have  power,  at  their 
first  session,  to  provide  for  the  payment  of  the  expenses  of  this 
Convention,  if  any  tin-re  be  remaining  unpaid. 

E.  T.  WELLS, 

Chairman. 

On  motion  of  Mr.  \Vidderfield,  the  report  was  received  and 
laid  upon  the  table  and  its  consideration  made  the  special  order 
for  two  o'clock  this  afternoon. 

Mr.  Clark,  Chairman  of  the  Special  Committee  appointed 
to  prepare  an  address  to  the  people,  presented  the  report  of  that 
committee,  which,  on  motion  of  Mr.  Widderfield,  was  received 
and  approved  by  the  Convention. 

On  motion  of  Mr.  Widderfield,  the  Convention  adjourned 
until  2:00  o'clock  p.  m.  

2:00  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Ebert,  Hough,  Head,  Meyer. 
Stone,  Vigil. 

The  special  order  for  this  hour  being  the  consideration  of 
the  report  of  the  Committee  on  Revisions  and  Adjustments, 

On  motion  of  Mr.  Felton,  the  report  was  taken  from  the 
table. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  the  addi- 
tional section  to  the  article  on  Schedule,  as  No.  18  thereof. 

On  motion  of  Mr.  Felton,  the  Convention  adopted  section 
19  as  reported  by  the  committee. 

Mr.  Douglas  moved  the  adoption  of  the  additional  section 
(No.  20)  to  the  article  on  Schedule. 

And  the  question  being  upon  the  motion  of  Mr.  Douglas  to 
adopt  section  20  as  reported  by  the  committee,  and  being  put, 
it  was  decided  in  the  affirmative — ayes,  17 ;  noes,  4. 

The  ayes  and  noes  being  called  for,  those  voting  in  the 
affirmative  are: 

Messrs.  Barela,  Bromwell,  Carr,  Douglas,  Ellsworth,  Elder, 
Felton,  Garcia,  Hurd,  James,  Kennedy,  Quillian,  Rockwell, 
Thatcher,  White,  Wells,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Marsh,  Pease,  Stover,  Wheeler. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Douglas 
and  adopted  section  20  as  reported  by  the  committee. 

On  motion  of  Mr.  Kennedy,  the  Convention  adopted  section 
21  as  reported  by  the  committee. 

On  motion  of  Mr.  Wells,  the  various  sections  of  the  article 
on  Schedule,  just  adopted  by  the  Convention,  were  considered 


660  PROCEEDINGS    OF    THE 

engrossed  and  referred  to  the  Committee  on  Enrollment  for  en- 
rollment in  the  Constitution,  and  the  Committee  on  Enroll- 
ment were  also  instructed  to  make  the  alteration  in  the  first 
article,  as  approved  by  the  Convention. 

On  motion  of  Mr.  Kennedy,  the  Convention  adjourned  until 
4 :00  o'clock  this  afternoon. 


4:00  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Mr.  Thatcher  offered  the  following  as  an  additional  section 
to  the  article  on  Schedule,  which,  on  his  own  motion,  was 
adopted  by  the  Convention: 

Sec.  22.  All  recognizances,  bail  bonds,  official  bonds  and 
other  obligations  or  undertakings,  which  have  been,  or  at  any 
time  before  the  admission  of  the  State  shall  be,  made,  entered 
into  and  expressed  to  be  payable  to  the  people  of  the  Territory 
of  Colorado,  shall  continue  in  full  force  notwithstanding  the 
change  in  the  form  of  government,  and  any  branch  thereof, 
whenever  occurring,  may,  after  the  admission  of  the  State,  be 
prosecuted  in  the  name  of  the  people  of  the  State. 

On  motion  of  Mr.  Wells,  the  additional  section  to  the 
article  on  Schedule  was  considered  engrossed  and  referred  to 
the  Committee  on  Enrollment  for  the  enrollment  in  the  Consti- 
tution. 

On  motion  of  Mr.  Carr,  the  Convention  adjourned  until  7:00 
o'clock  p.  m. 

7:00  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 

Absent — Messrs.  Boyles,  Crosby,  Hough,  Head,  Meyer  and 
Vigil. 

Mr.  Widderfield  offered  the  following  resolution: 

Resolved,  That  Col.  L.  C.  Ellsworth  and  the  Hon.  C.  P. 
.Elder  be  and  they  are  hereby  appointed  a  committee  to  see  that 
the  Constitution  is  properly  printed  and  distributed  throughout 
the  Territory. 

On  motion  of  Mr.  Kennedy,  the  resolution  offered  by  Mr. 
Widderfield  was  adopted  unanimously. 

Mr.  Douglas  offered  the  following  resolution,  which,  on  mo- 
tion of  Mr.  Kennedy,  was  adopted  unanimously : 

''Resolved,  That  the  thanks  of  the  Convention  be  tendered 
to  the  ministers  of  the  city  of  Denver^  and  others  who  have  offi- 
ciated in  opening  the  morning  sessions  of  the  Convention  with 
prayer;  that  the  Convention  recognize  and  highly  appreciate 
their  long  continued  services  as  an  offering  entirely  voluntary, 
and  entitled  to  our  warmest  expression  of  thanks'." 


CONSTITUTIONAL   CONVENTION.  G61 

Mr.  I'YIinn  moved  ilia i  ihe  members  of  the  Convention  sign 
the  < '(institution  in  alphabetical  order. 

And  the  <|iiestion  being  upon  the  motion  of  Mr.  Felton,  and 
being  put,  and  a  division  called  for,  it  was  decided  in  the  affirma- 
tive. Ayes,  12;  noes,  8. 

So  i  he  Convention  concurred  in  the  motion  of  Mr.  Felton. 

Mr.  Cooper,  chairman  of  the  Committee  on  Enrollment,  sub- 
mitted the  following  as  the  final  report  of  that  committee: 

To  the  Honorable  President  and  Constitutional  Convention  of 
Colorado : 

Gentlemen — Your  Committee  on  Engrossing  and  Enrolling, 
to  whom  was  referred  the  different  articles  of  the  Constitution, 
with  the  ordinances  and  resolutions,  with  instructions  to  have 
ihe  same  enrolled,  respectfully  report  the  same  back  correctly 
enrolled.  All  of  which  is  respectfully  submitted. 

A.  D.  COOPER, 
Chairman  of  Committee. 


CONSTITUTION. 

PREAMBLE. 

\Vc,  the  People  of  Colorado,  with  profound  reverence  for  the 
Supreme  Ruler  of  the  Universe,  in  order  to  form  a  more  independ- 
ent and  perfect  government;  establish  justice;  insure  tranquility; 
provide  for  the  common  defense;  promote  the  general  welfare, 
and  secure  the  blessings  of  libertyrto  ourselves  and  our  posterity, 
do  ordain  and  establish  this  Constitution  for  the  "State  of  Colo- 
rado." 

ARTICLE  I. 

BOUNDARIES. 

The  boundaries  of  the  State  of  Colorado,  shall  be  as  follows : 
Commencing  on  the  thirty-seventh  parallel  of  north  latitude, 
where  the  twenty-fifth  meridian  of  longitude  west  from  Wash- 
ington crosses  the  same;  thence  north  on  said  meridian,  to  the 
forty-first  parallel  of  north  latitude;  thence  along  said  parallel, 
west,  to  the  thirty-second  meridian  of  longitude  west  from  Wash- 
ington; thence  south,  on  said  meridian,  to  the  thirty-seventh 
parallel  of  north  latitude ;  thence  -along  said  thirty-seventh  paral- 
lel of  north  latitude  to  the  place  of  beginning. 

ARTICLE  II. 

BILL  OF  RIGHTS. 

In  order  to  assert  our  rights,  acknowledge  our  duties,  and 
proclaim  the  principles  upon  which  our  government  is  founded, 
we  declare: 

Section  1.  That  all  political  power  is  vested  in  and  derived 
from  the  people;  that  all  government,  of  right,  originates  from  the 
people,  is  founded  upon  their  will  only,  and  is  instituted  solely 
for  the  good  of  the  whole. 

Section  2.  That  the  people  of  this  State  have  the  sole  and  ex- 
clusive right  of  governing  themselves,  as  a  free,  sovereign  and 
independent  State;  and  to  alter  and  abolish  their  Constitution 
and  form  of  government  whenever  they  may  deem  it  necessary  to 
their  safety  and  happiness,  provided  such  change  be  not  repugnant 
to  the  Constitution  of  the  United  States. 

Section  3.  That  all  persons  have  certain  natural,  essential 
and  inalienable  rights,  among  which  may  be  reckoned  the  right  of 
enjoying  and  defending  their  lives  and  liberties;  that  of  acquiring, 


PROCEEDINGS    OF    THE 

possessing,  and  protecting  property;  and  of  seeking  and  obtain- 
ing their  safety  and  happiness. 

Section  4.  That  the  free  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination,  shall  forever 
hereafter  be  guaranteed ;  and  no  person  shall  be  denied  any  civil 
or  political  right,  privilege,  or  capacity,  on  account  of  his  opinions 
concerning  religion ;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  construed  to  dispense  with  oaths  or  affirmations, 
excuse  acts  of  licentiousness,  or  justify  practices  inconsistent  with 
the  good  order,  peace  or  safety  of  the  State.  No  person  shall  be 
required  to  attend  or  support  any  ministry  or  place  of  worship, 
religious  sect,  or  denomination  against  his  consent.  Nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or 
mode  of  worship. 

Section  5.  That  all  elections  shall  be  free  and  open;  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent  the 
free  exercise  of  the  right  of  suffrage. 

Section  6.  That  Courts  of  Justice  shall  be  open  to  every  per- 
son, and  a  speedy  remedy  afforded  for  every  injury  to  person, 
property,  or  character;  and  that  right  and  justice  should  be  ad- 
ministered without  sale,  denial,  or  delay. 

Section  7.  That  the  people  shall  be  secure  in  their  persons, 
papers,  homes,  and  effects,  from  unreasonable  searches  and  seiz- 
ures; and  no  warrant  to  search  any  place  or  seize  any  person  or 
thing  shall  issue  without  describing  the  place  to  be  searched,  or 
the  person  or  thing  to  be  seized,  as  near  as  may  be,  nor  without 
probable  cause,  supported  by .  oath  or  affirmation  reduced  to 
writing. 

Section  8.  That,  until  otherwise  provided  by  law,  no  person 
shall,  for  a  felony,  be  proceeded  against  criminally  otherwise  than 
by  indictment,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger.  In  all  other  cases,  offences  shall  be  prosecuted  criminally 
by  indictment  or  information. 

Section  9.  That  treason  against  the  State  can  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort;  that  no  person  can  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  his  confession  in  open  Court;  that  no  person  can  be  attainted 
of  treason  or  felony  by  the  General  Assembly ;  that  no  conviction 
can  work  corruption  of  blood  or  forfeiture  of  estate ;  that  the 
estates  of  such  persons  as  may  destroy  their  own  lives  shall  de- 
scend or  vest  as  in  cases  of  natural  death. 

Section  10.  That  no  law  shall  be  passed  impairing  the  free- 
dom of  speech ;  that  every  person  shall  be  free  to  speak,  write  or 
publish  whatever  he  will  on  any  subject,  being  responsible  for  all 
abuse  of  that  liberty;  and  that  in  all  suits  and  prosecutions  for 
libel  the  truth  thereof  may  be  given  in  evidence,  and  the  jury, 


CONSTITUTIONAL    CONVENTION.  665 

under  ihe  diivctimi  of  ilio  Court,  shall  determine  the  law  and  tlio 
fact. 

Section  11.  That  no  ex  post  facto  law,  nor  law  impairing 
the  ol»l  Cation  of  contracts,  or  retrospective  in  its  operation,  or 
making  anv  irrevocable  grant  of  special  privileges,  franchises  or 
immunities,  shall  be  passed  by  the  General  Assembly. 

Section  12.  That  no  person  shall  be  imprisoned  for  debt,  un- 
less upon  refusal  to  deliver  up  his  estate  for  the  benefit  of  his 
< -i  editors  in  such  manner  as  shall  be  prescribed  by  law,  or  in  cases 
of  tort  or  where  there  is  a  strong  presumption  of  fraud. 

Section  13.  That  the  right  of  no  person  to  keep  and  bear 
arms  in  defense  of  his  home,  person  and  property,  or  in  aid  of  the 
rivil  power  when  thereto  legally  summoned,  shall  be  called  in 
question ;  but  nothing  herein  contained  shall  be  construed  to  jus- 
lif'y  ihc  practice  of  carrying  concealed  weapons. 

Section  14.  That  private  property  shall  not  be  taken  for  pri- 
vate use  unless  by  consent  of  the  owner,  except  for  private  ways 
of  necessity,  and  except  for  reservoirs,  drains,  flumes  or  ditches  on 
or  across  the  lands  of  others,  for  agricultural,  mining,  milling, 
domestic  or  sanitary  purposes. 

Section  15.  That  private  property  shall  not  be  taken  or  dam- 
aged, for  public  or  private  use  without  just  compensation.  Such 
compensation  shall  be  ascertained  by  a  Board  of  Commissioners, 
of  not  less  than  three  freeholders,  or  by  a  jury,  when  required  by 
the  owner  of  the  property,  in  such  manner  as  may  be  prescribed 
by  law,  and  until  the  same  shall  be  paid  to  the  owner,  or  into 
Court  for  the  owner,  the  property  shall  not  be  needlessly  dis- 
turbed, or  the  proprietary  rights  of  the  owner  therein  divested; 
and  whenever  an  attempt  is  made  to  take  private  property  for  a 
use  alleged  to  be  public,  the  question  whether  the  contemplated 
use  be  really  public,  shall  be  a  judicial  question,  and  determined 
as  such  without  regard  to  any  legislative  assertion  that  the  use  is 
public. 

Section  16.  That  in  criminal  prosecutions  the  accused  shall 
have  the  right  to  appear  and  defend  in  person  and  by  counsel ;  to 
demand  the  nature  and  cause  of  the  accusation ;  to  meet  the  wit- 
nesses against  him  face  to  face;  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial 
by  an  impartial  jury  of  the  county  or  district  in  which  the  offense 
is  alleged  to  have  been  committed. 

Section  17.  That  no  person  shall  be  imprisoned  for  the  pur- 
pose of  securing  his  testimony  in  any  case  longer  than  may  be 
necessary  in  order  to  take  his  deposition.  If  he  can  give  security 
he  shall  be  discharged;  if  he  cannot  give  security  his  deposition 
shall  be  taken  by  some  Judge  of  the  Supreme,  District  or  County 
Court  at  the  earliest  time  he  can  attend,  at  some  convenient 
place  by  him  appointed  for  that  purpose,  of  which  time  and  place 
the  accused  and  the  attorney  prosecuting  for  the  people,  shall 
have  reasonable  notice.  The  accused  shall  have  the  right  to  ap- 


666  PROCEEDINGS    OF    THE 

pear  in  person  and  by  counsel.  If  he  have  no  counsel,  the  Judge 
shall  assign  him  one  in  that  behalf  only.  On  the  completion  of 
such  examination  the  witness  shall  be  discharged  on  his  own 
recognizance,  entered  into  before  said  Judge,  but  such  deposition 
shall  not  be  used  if  in  the  opinion  of  the  Court  the  personal  at- 
tendance of  the  witness  might  be  procured  by  the  prosecution,  or 
is  procured  bj  the  accused.  No  exception  shall  be  taken  to  such 
deposition  as  to  matters  of  form. 

Section  18.  That  no  person  shall  be  compelled  to  testify 
against  himself  in  a  criminal  case,  nor  shall  any  person  be  twice 
put  in  jeopardy  for  the  same  offense.  If  the  jury  disagree,  or  if 
the  judgment  be  arrested  after  verdict,  or  if  the  judgment  be  re- 
versed for  error  in  law,  the  accused  shall  not  be  deemed  to  have 
been  in  jeopardy. 

Section  19.  That  all  persons  shall  be  bailable  by  sufficient 
sureties  except  for  capital  offenses,  when  the  proof  is  evident  or 
the  presumption  great. 

Section  20.  That  excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

Section  21.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  never  be  suspended,  unless  when  in  case  of  rebellion  or  in- 
vasion, the  public  safety  may  require  it. 

Section  22.  That  the  military  shall  always  be  in  strict  sub- 
ordination to  the  civil  power;  that  no  soldier  shall,  in  time  of 
peace,  be  quartered  in  any  house  without  the  consent  of  the 
owner,  nor  in  time  of  war  except  in  the  manner  prescribed  by  law. 

Section  23.  That  the  right  of  trial  by  jury  shall  remain  in- 
violate in  criminal  cases;  but  a  jury  in  civil  cases  in  all  Courts, 
or  in  criminal  cases  in  Courts  not  of  record,  may  consist  of  less 
than  twelve  men,  as  may  be  prescribed  by  law.  Hereafter  a 
Grand  Jury  shall  consist  of  twelve  men,  any  nine  of  whom  con- 
curring may  find  an  indictment ;  Provided,  the  General  Assembly 
may  change,  regulate  or  abolish  the  Grand  Jury  system. 

Section  24,  That  the  people  have  the  right  peaceably  to  as- 
semble for  the  common  good,  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievances,  by  petition  or 
remonstrance. 

Section  25.  That  no  person  shall  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law. 

Section  26.  That  there  shall  never  be  in  this  State  either 
slavery  or  involuntary  servitude,  except  as  a  punishment  for 
crime,  whereof  the  party  shall  have  been  duly  convicted. 

Section  27.  Aliens,  who  are  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  may  acquire,  inherit,  possess, 
enjoy  and  dispose  of  property,  real  and  personal,  as  native-born 
citizens. 


CONSTITUTIONAL    CONVENTION, 

Section  '28.  The  enumeration  in  this  Constitution  of  certain 
rights  shall  not  be  construed  to  deny,  impair,  or  disparage  others 
retained  l»v  the  people. 

ARTICLE  III. 

DISTRIBUTION    OF   POWERS. 

The  powers  of  the  government  of  this  State  are  divided  into 
three  distinct  departments — the  Legislative,  Executive  and 
Judicial ;  and  no  person  or  collection  of  persons  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of  these  depart- 
ments shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  as  in  this  Constitution  expressly  directed  or 
permitted. 

ARTICLE  IV. 

EXECUTIVE    DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
State,  State  Treasurer,  Attorney  General  and  Superintendent  of 
Public  Instruction,  each  of  whom  shall  hold  his  office  for  the 
term  of  two  years,  beginning  on  the  second  Tuesday  of  January 
next  after  his  election ;  Provided,  That  the  terms  of  office  of  those 
chosen  at  the  first  election  held  under  this  Constitution,  shall 
begin  on  the  day  appointed  for  the  first  meeting  of  the  General 
Assembly.  The  officers  of  the  Executive  Department,  except  the 
Lieutenant  Governor,  shall,  during  their  term  of  office,  reside  at 
the  se'at  of  government,  where  they  shall  keep  the  public  records, 
books  and  papers.  They  shall  perform  such  duties  as  are  pre- 
scribed by  this  Constitution  or  by  law. 

Section  2.  The  supreme  executive  power  of  the  State  shall 
be  vested  in  the  Governor,  who  shall  take  care  that  the  laws  be 
faithfully  executed. 

Section  3.  The  officers  named  in  Section  one  of  this  article, 
shall  be  chosen  on  the  day  of  the  general  election,  by  the  qualified 
electors  of  the  Stat'e.  The  returns  of  every  election  for  said  offi- 
cers shall  be  sealed  up  and  transmitted  to  the  Secretary  of  State, 
directed  to  the  Speaker  of  the  House  of  Representatives,  who 
shall  immediately,  upon  the  organization  of  the  House,  and  before 
proceeding  to  other  business,  open  and  publish  the  same  in  the 
presence  of  a  majority  of  the  members  of  both  Houses  of  the 
General  Assembly,  who  shall  for  that  purpose  assemble  in  the 
House  of  Representatives.  The  person  having  the  highest  num- 
ber of  votes  for  either  of  said  offices  shall  be  declared  duly  elected, 
but  if  two  or  more  have  an  equal  and  the  highest  number  of  votes 
for  the  same  office,  one  of  them  shall  be  chosen  thereto  by  the  two 
Houses,  on  joint  ballot.  Contested  elections  for  the  said  offices 
shall  be  determined  by  the  two  Houses,  on  joint  ballot,  in  such 
manner  as  may  be  prescribed  by  law. 

Section  4.  No  person  shall  be  eligible  to  the  office  of  Gover- 
nor, Lieutenant  Governor,  or  Superintendent  of  Public  Instruc- 


f)68  PROCEEDINGS    OF    THE 

tion  unless  he  shall  have  attained  the  age  of  thirty  years,  nor  to 
the  office  of  Auditor  of  State,  Secretary  of  State,  or  State  Treas- 
urer unless  he  shall  have  attained  the  age  of  twenty-five  years, 
nor  to  the  office  of  Attorney  General  unless  he  shall  have  attained 
the  age  of  twenty-five  years,  and  be  a  licensed  attorney  of  the  Su- 
preme Court  of  the  State  or  of  the  Territory  of  Colorado  in  good 
standing.  At  the  first  election  under  this  Constitution  any  per- 
son being  a  qualified  elector  at  the  time  of  the  adoption  of  this 
Constitution,  and  having  the  qualifications  above  herein  pre- 
scribed for  any  one  of  said  offices  shall  be  eligible  thereto;  but 
thereafter  no  person  shall  be  eligible  to  any  one  of  said  offices 
unless,  in  addition  to  the  qualifications  above  prescribed  there- 
for, he  shall  be  a  citizen  of  the  United  States,  and  have  resided 
within  the  limits  of  the  State  two  years  next  preceding  his 
election. 

Section  5.  The  Governor  shall  be  commander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called  into 
actual  service  of  the  United  States.  He  shall  have  power  to  call 
out  the  militia  to  execute  the  laws,  suppress  insurrection  or  repel 
invasion. 

Section  6.  The  Governor  shall  nominate,  and  by  and  with 
the  consent  of  the  Senate,  appoint  all  officers  whose  offices  are 
established  by  this  Constitution,  or  which  may  be  created  by  law, 
and  whose  appointment  or  election  is  not  otherwise  provided  for, 
and  may  remove  any  such  officer  for  incompetency,  neglect  of  duty 
or  malfeasance  in  office.  If  during  the  recess  of  the  Senate  a 
vacancy  occur  in  any  such  office,  the  Governor  shall  appoint 
some  fit  person  to  discharge  the  duties  thereof  until  the  next 
meeting  of  the  Senate,  when  he  shall  nominate  some  person  to 
till  such  office.  If  the  office  of  Auditor  of  State,  State  Treasurer, 
Secretary  of  State,  Attorney  General  or  Superintendent  of  Public 
Instruction  shall  be  vacated  by  death,  resignation  or  otherwise, 
it  shall  be  the  duty  of  the  Governor  to  fill  the  same  by  appoint- 
ment, and  the  appointee  shall  hold  his  office  until  his  successor 
shall  be  elected  and  qualified  in  such  manner  as  may  be  provided 
by  law.  The  Senate  in  deliberating  upon  Executive  nominations 
may  sit  with  closed  doors,  but  in  acting  upon  nominations  they 
shall  sit  with  open  doors,  and  the  vote  shall  be  taken  by  ayes  and 
noes,  which  shall  be  entered  upon  the  journal. 

Section  7.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  ex- 
cept treason,  and  except  in  case  of  impeachment,  subject  to  such 
regulations  as  may  be  prescribed  by  law  relative  to  the  manner  of 
applying  for  pardons,  but  he  shall  in  every  case  where  he  may 
exercise  this  power,  send  to  the  General  Assembly,  at  its  first  ses- 
sion thereafter,  a  transcript  of  the  petition,  all  proceedings,  and 
the  reasons  for  his  action. 

Section  8.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  which  informa- 


CUNSIIT!     noNAI.    CONVENTION.  669 

tion  shall  he  given  upon  oaili  whenever  s«»  required;  he  may 
also  require  informal inn  in  writ  ing  at  any  time,  under  oath,  from 
all  officers  and  managers  of  State  institutions,  upon  any  subject 
relating  to  the  condition,  management  and  expenses  of  their 
i •<-!'<•( -live  offices  and  institutions.  The  Governor  shall,  at  the 
commencement  of  each  session,  and  from  time  to  time,  by  mes- 
sage, give  to  the  General  Assembly  information  .of  the  condition 
of  the  State,  and  shall  recommend  such  measures  as  he  shall 
deem  expedient.  He  shall  also  send  to  the  General  Assembly  a 
si  a  tcinent,  with  vouchers,  of  the  expenditures  of  all  moneys  be- 
longing to  the  State  and  paid  out  by  him.  He  shall,  also,  at  the 
commencement  of  each  session,  present  estimates  of  the  amount  of 
money  required  to  be  raised  bv  taxation  for  all  purposes  of  the 
State. 

Section  9.  The  Governor  may,  on  extraordinary  occasions 
convene  the  General  Assembly,  by  proclamation,  stating  therein 
the  purpose  for  which  it  is  to  assemble;  but  at  such  special 
session  no  business  shall  be  transacted  other  than  that  specially 
named  in  the  proclamation.  He  may  by  proclamation,  convene 
the  Senate  in  extraordinary  session  for  the  transaction  of  Execu- 
tive business. 

Section  10.  The  Governor,  in  case  of  a  disagreement  between 
the  two  Houses  as  to  the  time  of  adjournment,  may  upon  the  same 
being  certified  to  him  by  the  House  last  moving  adjournment, 
adjourn  the  General  Assembly  to  a  day  not  later  than  the  first 
day  of  the  next  regular  session. 

Section  11.  Every  bill  passed  by  the  General  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he  ap- 
prove he  shall  sign  it,  and  thereupon  it  shall  become  a  law,  but 
if  he  do  not  approve,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  House  shall  enter  the  objec- 
tions at  large  upon  its  journal,  and  proceed  to  reconsider  the 
bill.  If  then  two-thirds  of  the  members  elected  agree  to  pass 
the  same,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  elected  to  that  House,  it 
shall  become  a  law,  notwithstanding  the  objections  of  the  Gov- 
ernor. In  all  such  cases  the  vote  of  each  House  shall  be  deter- 
mined by  ayes  and  noes,  to  be  entered  upon  the  journal.  If  any 
bill  shall  not  be  returned  by  the  Governor  within  ten  days  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  General  Assembly  shall 
by  their  adjournment  prevent  its  return,  in  which  case  it  shall 
I>e  filed  with  his  objections,  in  the  office  of  the  Secretary  of  S»tate, 
within  thirty  days  after  such  adjournment,  or  else  become  a  law. 

Section  12.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money, 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  law,  and  the  item  or  items  disapproved  shall  be 
Toid,  unless  enacted  in  manner  following:  If  the  General  Assem- 


670  PROCEEDINGS    OF    THE 

bly  be  in  session,  he  shall  transmit  to  the  House  in  which  the  bill 
originated  a  copy  of  the  item  or  items  thereof  disapproved,  to- 
gether with  his  objections  thereto,  and  the  items  objected  to  shall 
be  separately  reconsidered,  and  each  item  shall  then  take  the 
same  course  as  is  prescribed  for  the  passage  of  bills  over  the 
Executive  veto. 

LIEUTENANT    GOVERNOR. 

Section  13.  In  case  of  the  death,  impeachment,  or  conviction 
of  felony,  or  infamous  misdemeanor, failure  to  qualify,  resignation, 
absence  from  the  State,  or  other  disability  of  the  Governor,  the 
powers,  duties  and  emoluments  of  the  office,  for  the  residue  of 
the  term,  or  until  the  disability  be  removed,  shall  devolve  upon  the 
Lieutenant  Governor. 

Section  14.  The  Lieutenant  Governor  shall  be  President  of  the 
Senate,  and  shall  vote  only  when  the  Senate  is  equally  divided. 
In  case  of  the  absence,  impeachment,  or  disqualification  from  any 
cause  of  the  Lieutenant  Governor,  or  when  he  shall  hold  the 
office  of  Governor,  then  the  President  pro  tempore  of  the  Senate 
shall  perform  the  duties  of  the  Lieutenant  Governor,  until  the 
vacancy  is  filled  or  the  disability  removed. 

Section  15.  In  case  of  the  failure  to  qualify  in  his  office,  death,, 
resignation,  absence  from  the  State,  impeachment,  conviction  of 
felony  or  infamous  misdemeanor,  or  disqualification  from  any 
cause,  of  both  the  Governor  and  Lieutenant  Governor,  the  duties; 
of  the  Governor  shall  devolve  on  the  President  of  the  Senate  pro 
tempore,  until  such  disqualification  of  either  the  Governor  or 
Lieutenant  Governor  be  removed,  or  the  vacancy  be  filled,  and 
if  the  President  of  the  Senate,  for  any  of  the  above  named  causes, 
shall  become  incapable  of  performing  the  duties  of  Governor,, 
the  same  shall  devolve  upon  the  Speaker  of  the  House. 

Section  16.  An  account  shall  be  kept  by  the  officers  of  the  Ex- 
ecutive Department  and  of  all  Public  Institutions  of  the  State,  of 
all  moneys  received  by  them  severally  from  all  sources,  and  for 
every  service  performed,  and  of  all  moneys  disbursed  by  them 
severally,  and  a  semi-annual  report  thereof  shall  be  made  to  the 
Governor,  under  oath. 

Section  17.  The  officers  of  the  Executive  Department  and  of 
all  Public  Institutions  of  the  State,  shall,  at  least  twenty  days 
preceding  each  regular  session  of  the  General  Assembly,  make 
full  and  complete  report  of  their  actions  to  the  Governor,  who- 
shall  transmit  the  same  to  the  General  Assembly. 

Section  18.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Secretary  of  State,  and  shall  be  called  the  "Great 
Seal  of  the  State  of  Colorado."  The  seal  of  the  Territory  of 
Colorado,  as  now  used,  shall  be  the  seal  of  the  State,  until  other- 
wise  provided  by  law. 

S«ection  19.  The  officers  named  in  section  one  of  this  article 
shall  receive  for  their  services  a  salary  to  be  established  by  lawT, 
which  shall  not  be  increased  or  diminished  during  their  official 


COXSTITI    i  tONAL   CONVENTION.  <I71 

terms.  Ii  shall  ho  the  duty  of  nil  such  ollieers  to  collect  in  ad- 
vance all  fees  prescribed  l>v  la\\  for  services  rendered  by  them 
severally,  and  pav  ihe  same  into  the  Slate  Treasury. 

Section  20.  The  Supei -intendent  of  Public  Instruction  shall 
be  ex  officio  State  Librarian. 

Section  21.  Neither  the  State  Treasurer  nor  State  Auditor 
shall  l>e  eligible  for  re  -elect  ion  as  his  own  immediate  successor. 

ARTICLE  A'. 

LEGISLATIVE   DKI'AKT.M  KNT. 

Section  1.  The  legislative  power  shall  be  vested  in  the  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House  of  Rep- 
resentatives, both  to  be  elected  by  the  people. 

Section  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  first  Tuesday  in  October,  in  the  years  of  our 
Lord  1876  and  1878,  and  in  each  alternate  year  thereafter,  on 
such  day,  at  such  places  in  each  county  as  now  are  or  hereafter 
ma}'  be  provided  by  law.  The  first  election  for  members  of  the 
General  Assembly  under  the  State  organization,  shall  be  con- 
ducted in  the  manner  prescribed  by  the  laws  of  Colorado  Terri- 
tory, regulating  elections  for  members  of  the  Legislative  Assem- 
bly thereof.  When  vacancies  occur  in  either  House,  the  Governor, 
or  person  exercising  the  powers  of  Governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Section  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided,  and  Representatives  for  the  term 
of  two  years. 

Section  4.  No  person  shall  be  a  Representative  or  Senator  who 
shall  not  have  attained  the  age  of  twenty-five  years,  who  shall 
not  be  a  citizen  of  the  United  States,  who  shall  not  for  at  least 
twelve  months  next  preceding  his  election,  have  resided  within 
the  territory  included  in  the  limits  of  the  county  or  district  in 
which  he  shall  be  chosen ;  Provided,  That  any  person  who  at  the 
time  of  the  adoption  of  this  Constitution,  was  a  qualified  elector 
under  the  Territorial  laAvs.  shall  be  eligible  to  the  first  General 
Assembly. 

Section  5.  The  Senators,  at  their  first  session,  shall  be  divided 
into  two  classes.  Those  elected  in  districts  designated  by  even 
numbers  shall  constitute  one  class;  those  elected  in  districts  desig- 
nated by  odd  numbers  shall  constitute  the  other  class,  except  that 
Senators  elected  in  each  of  the  districts  having  more  than  one 
Senator  shall  be  equally  divided  between  the  two  classes.  The 
Senators  of  one  class  shall  hold  for  two  years;  and  those  of  the 
other  class  shall  hold  for  four  years,  to  be  decided  by  lot  between 
the  two  classes,  so  that  one-haif  of  the  Senators,  as  near  as  practic- 
able, may  be  biennially  chosen  forever  thereafter. 

Section  6.  Each  member  of  the  first  General  Assembly,  as  a 
•compensation  for  his  services,  shall  receive  four  dollars  for  each 


672  PROCEEDINGS    OF    THE 

day's  attendance,  and  fifteen  cents  for  each  mile  necessarily  trav- 
eled in  going  to  and  returning  from  the  seat  of  government ;  and 
shall  receive  no  other  compensation,  perquisite  or  allowance  what- 
soever. No  session  of  the  General  Assembly,  after  the  first,  shall 
exceed  forty  days.  After  the  first  session,  the  compensation  of 
the  members  of  the  General  Assembly,  shall  be  as  provided  by 
law;  Provided,  That  no  General  Assembly  shall  fix  its  own  com- 
pensation. 

Section  7.  The  General  Assembly  shall  meet  at  12  o'clock, 
noon,  on  the  first  Wednesday  in  November,  A.  D.  1876;  and  at  12 
o'clock,  noon,  on  the  first  Wednesday  in  January,  A.  D.  1879,  and 
at  12  o'clock,  noon,  on  the  first  Wednesday  in  January  of  each 
alternate  year  forever  thereafter;  and  at  other  times  when  con- 
vened by  the  Governor.  The  term  of  service  of  the  members 
thereof  shall  begin  on  the  first  Wednesday  of  November  next 
after  their  election,  until  otherwise  provided  by  law. 

Section  8.  No  Senator  or  Representative  shall,  during  the- 
time  for  which  he  shall  have  been  elected  be  appointed  to  any 
civil  office  under  this  State ;  and  no  member  of  Congress,  or  other 
person  holding  any  office  (except  of  attorney  at  law,  notary  pub- 
lic, or  in  the  militia)  under  the  United  States,  or  this  State,  shall 
be  a  member  of  either  House  during  his  continuance  in  office. 

Section  9.  No  member  of  either  House  shall,  during  the  term 
for  which  he  may  have  been  elected,  receive  any  increase  of  salary 
or  mileage,  under  any  law  passed  during  such  term. 

Section  10.  The  Senate  shall,  at  the  beginning  and  close  of 
each  regular  session,  and  at  such  other  times  as  may  be  necessary, 
elect  one  of  its  members  President  pro  tempore.  The  House  of 
Representatives  shall  elect  one  of  its  members  as  Speaker.  Each 
House  shall  choose  its  other  officers,  and  shall  judge  of  the  election 
and  qualifications  of  its  members. 

Section  11.  A  majority  of  each  House  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members. 

Section  12.  Each  House  shall  have  power  to  determine  the 
rules  of  its  proceedings  and  punish  its  members  or  other  persons 
for  contempt  or  disorderly  behavior  in  its  presence;  to  enforce 
obedience  to  its  process ;  to  protect  its  members  against  violence, 
or  offers  of  bribes,  or  private  solicitation,  and,  with  the  concur- 
rence of  two-thirds,  to  expel  a  member,  but  not  a  second  time  for 
the  same  cause,  and  shall  have  all  other  powers  necessary  for  the 
Legislature  of  a  free  State.  A  member,  expelled  for  corruption, 
shall  not  thereafter  be  eligible  to  either  House  of  the  same  Gen- 
eral Assembly,  and  punishment  for  contempt  or  disorderly  be- 
havior shall  not  bar  an  indictment  for  the  same  offense. 

Section  13.  Each  House  shall  keep  a  journal  of  its  proceed- 
ings, and  may,  in  its  discretion,  from  time  to  time,  publish  the 
same,  except  such  parts  as  require  secrec3r,  and  the  ayes  and  noes: 


CONSTITUTIONAL   CONVENTION.  673 

on  any  question  shall,  at  the  desire  of  anv  two  members,  be  en- 
tered on  the  journal. 

Section  1  L  The  sessions  of  each  House,  and  of  the  committees 
of  the  whole,  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Section  15.  Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  16.  The  members  of  the  General  Assembly  shall,  in  all 
cases  except  treason,  felony,  violation  of  their  oath  of  office,  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  sessions  of  their  respective  Houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  House  they  shall  not  be  questioned  in  any  other 
place. 

Section  17.  No  law  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  so  altered  or  amended  on  .its  passage  through  either 
House  as  to  change  its  original  purpose. 

Section  18.  The  style  of  the  laws  of  this  State  shall  be :  "Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Colorado." 

Section  19.  No  act  of  the  General  Assembly  shall  take  effect 
until  ninety  days  after  its  passage,  unless  in  case  of  emergency, 
(which  shall  be  expressed  in  the  preamble  or  body  of  the  Act) 
the  General  Assembly  shall,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  House,  otherwise  direct.  No  bill  except 
the  general  appropriation  for  the  expenses  of  the  government 
only  introduced  in  either  House  of  the  General  Assembly  after 
the  first  twenty-five  days  of  the  session  shall  become  a  law. 

Section  20.  No  bill  shall  be  considered  or  become  a  law  unless 
referred  to  a  committee,  returned  therefrom,  and  printed  for  the 
use  of  the  members. 

Section  21.  No  bill,  except  general  appropriation  bills,  shall 
be  passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title ;  but  if  any  subject  shall  be  embraced  in  any 
act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be 
void  only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Section  22.  Every  bill  shall  be  read  at  length,  on  three  dif- 
ferent days  in  each  House;  all  substantial  amendments  made 
thereto  shall  be  printed  for  the  use  of  the  members,  before  the 
final  vote  is  taken  on  the  bill;  and  no  bill  shall  become  a  law,  ex- 
cept by  vote  of  a  majority  of  all  the  members  elected  to  each 
House,  nor  unless  on  its  final  passage  the  vote  be  taken  by  ayes 
and  noes,  and  the  names  of  those  voting  be  entered  on  the  journal. 

Section  23.  No  amendment  to  any  bill  by  one  House  shall  be 
concurred  in  by  the  other,  nor  shall  the  report  of  any  Committee 
of  Conference  be  adopted  in  either  House  except  by  a  vote  of  a 

22 


674  PROCEEDINGS    OF    THE 

majority  of  the  members  elected  thereto,  taken  by  ayes  and 
noes,  and  the  names  of  those  voting  recorded  upon  the  journal 
thereof. 

Section  24.  No  law  shall  be  revived,  or  amended,  or  the  pro- 
visions thereof  extended  or  conferred  by  reference  to  its  title  only, 
but  so  much  thereof  as  is  revived,  amended,  extended  or  con- 
ferred, shall  be  re-enacted  -and  published  at  length. 

Section  25.  The  General  Assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say ;  For  granting  divorces ;  laying  out,  opening,  altering  or  work- 
ing roads  or  highways;  vacating  roads,  town  plats,  streets,  alleys 
and  public  grounds;  locating  or  changing  county  seats;  regulat- 
in<^  county  or  township  affairs;  regulating  the  practice  in  courts 
of  justice;  regulating  the  jurisdiction  and  duties  of  justices  of 
the  peace,  police  magistrates  and  constables;  changing  the  rules 
of  evidence  in  any  trial  or  inquiry;  providing  for  changes  of 
venue  in  civil  or  criminal  cases;  declaring  any  person  of  age; 
for  limitation  of  civil  actions  or  giving  effect  to  informal  or 
invalid  deeds;  summoning  or  impaneling  grand  or  petit  juries; 
providing  for  the  management  of  common  schools;  regulating  the 
rate  of  interest  on  money ;  the  opening  or  conducting  of  any  elec- 
tion, or  designating  the  place  of  voting;  the  sale  or  mortgage  of 
real  estate  belonging  to  minors  or  others  under  disability ;  the 
protection  of  game  or  fish ;  chartering  or  licensing  ferries  or  toll 
bridges;  remitting  fines,  penalties  or  forfeitures;  creating,  in- 
creasing or  decreasing  fees,  percentage  or  allowances  of  public 
officers;  changing  the  law  of  descent;  granting  to  any  corpora- 
tion, association  or  individual  the  right  to  lay  down  railroad 
tracks;  granting  to  any  corporation,  association  or  individual 
any  special  or  exclusive  privilege,  immunity  or  franchise  what- 
ever. In  all  other  cases,  w^here  a  general  law  can  be  made  applic- 
able, no  special  law  shall  be  enacted. 

Section  26.  The  presiding  officer  of  each  House  shall,  in  the 
presence  of  the  House  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  General  Assembly,  after  their 
titles  shall  have  been  publicly  read,  immediately  before  signing; 
and  the  fact  of  signing  shall  be  entered  on  the  journal. 

Section  27.  The  General  Assembly  shall  prescribe  by  law  the 
number,  duties  and  compensation  of  the  officers  and  employes  of 
each  House;  and  no  payment  shall  be  made  from  the  S-tate  Treas- 
ury, or  be  in  any  way  authorized  to  any  person,  except  to  an 
acting  officer  or  employe  elected  or  appointed  in  pursuance  of  law. 

Section  28.  No  bill  shall  be  passed  giving  any  extra  compen- 
sation to  any  public  officer,  servant  or  employe,  agent  or  contrac- 
tor, after  services  shall  have  been  rendered  or  contract  made,  nor 
providing  for  the  payment  of  any  claim  made  against  the  State 
without  previous  authority  of  law. 

Section  29.  All  stationery,  printing,  paper  and  fuel  used  in 
the  legislative  and  other  departments  of  government  shall  be  fur- 


COXSTITI   TIONA1.    CONVENTION,  675 

;  and  the  printing  and  hmding  and  distributing  of  tin-  laws, 
journals,  depart inent  reports,  and  olhcr  priming  and  binding; 
and  the  repairing  and  furnishing  the  halls  and  rooms  used  for 
tin-  meeting  of  the  <  ioneral  Assembly  and  its  committees, — shall  be 
j:t  rt'ormed  under  eontrart.  to  be  given  to  the  lowest  responsible 
bidder.  below  such  maximum  price  and  under  such  regulations  as 
may  be  prescribed  by  law.  No  member  or  officer  of  any  depart- 
ment of  the  government  shall  be  in  any  way  interested  in  any 
such  contract;  and  all  such  contracts  shall  be  subject  to  the  ap- 
proval of  the  Governor  and  State  Treasurer. 

Section  30.  Except  as  otherwise  provided  in  this  Constitu- 
tion, no  law  shall  extend  the  term  of  any  public  officer,  or  in- 
crease or  diminish  his  salary  or  emoluments  after  his  election  or 
appointment;  Provided,  This  shall  not  be  construed  to  forbid  the 
General  Assembly  to  fix  the  salary  or  emoluments  of  those  first 
elected  or  appointed  under  this  Constitution. 

Section  31.  All  bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives;  but  the  Senate  may  propose 
amendments,  as  in  case  of  other  bills. 

Section  32.  The  General  Appropriation  Bill  shall  embrace 
nothing  but  appropriations  for  the  ordinary  expenses  of  the 
executive,  legislative  and  judicial  departments  of  the  State,  in- 
terest on  the  public  debt,  and  for  public  schools.  All  other  ap- 
propriations shall  be  made  by  separate  bills,  each  embracing  but 
one  subject. 

Section  33.  No  money  shall  be  paid  out  of  the  treasury  ex- 
<  ept  upon  appropriations  made  by  law,  and  on  warrant  drawn  by 
the  proper  officer  in  pursuance  thereof. 

Section'  34.  No  appropriation  shall  be  made  for  charitable, 
industrial,  educational  or  benevolent  purposes,  to  any  person,  cor- 
poration or  community  not  under  the  absolute  control  of  the 
State,  nor  to  any  denominational  or  sectarian  institution  or  as- 
sociation. 

Section  35.  The  General  Assembly  shall  not  delegate  to 
any  special  commission,  private  corporation,  or  association,  any 
power  to  make,  supervise  or  interfere  with  any  municipal  im- 
provement, money,  property  or  effects,  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  perform  any  municipal  function 
whatever. 

Section  36.  No  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  administrators, 
guardians  or  other  trustees,  in  the  bonds  or  stock  of  any  private 
corporation. 

Section  37.  The  power  to  change  the  venue  in  civil  and 
criminal  cases  shall  be  vested  in  the  courts,  to  be  exercised  in 
such  a  manner  as  shall  be  provided  by  law. 

Section  38.  No  obligation  or  liability  of  any  person,  asso- 
ciation, or  corporation,  held  or  owned  by  the  State,  or  any  mu- 
nicipal corporation  therein,  shall  ever  be  exchanged,  transferred, 


676  PROCEEDINGS    OF    THE 

remitted,  released,  or  postponed,  or  in  any  way  diminished  by 
the  General  Assembly,  nor  shall  such  liability  or  obligation  be 
extinguished  except  by  payment  thereof  into  the  proper  Treasury. 

Section  39.  Every  order,  resolution  or  vote  to  which  the 
concurrence  of  both  Houses  may  be  necessary,  except  on  the 
question  of  adjournment,  or  relating  solely  to  the  transaction  of 
business  of  the  two  Houses,  shall  be  presented  to  the  Governor, 
and  before  it  shall  take  effect,  be  approved  by  him,  or  being  dis- 
approved, shall  be  repassed  by  two-thirds  of  both  Houses,  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Section  40.  If  any  person  elected  to  either  House  of  the 
General  Assembly  shall  offer  or  promise  to  give  his  vote  or  influ- 
ence in  favor  of  or  against  any  measure  or  proposition  pending  or 
proposed  to  be  introduced  in  the  General  Assembly  in  considera- 
tion or  upon  condition  that  any  other  person  elected  to  the  same 
General  Assembly  will  give  or  will  promise  or  assent  to  give  his 
vote  or  influence  in  favor  of  or  against  any  other  measure  or 
proposition  pending  or  proposed  to  be  introduced  in  such  General 
Assembly,  the  person  making  such  offer  or  promise,  shall  be 
deemed  guilty  of  solicitation  of  bribery.  If  any  member  of  the 
General  Assembly  shall  give  his  vote  or  influence  for  or  against 
any  measure  or  proposition  pending  in  such  General  Assembly, 
or  offer,  promise  or  assent  so  to  do,  upon  condition  that  any 
other  member  will  give  or  will  promise  or  assent  to  give  his  vote 
or  influence  in  favor  of  or  against  any  other  measure  or  proposi- 
tion pending  or  proposed  to  be  introduced  in  such  General  Assem- 
bly, or  in  consideration  that  any  other  member  hath  given  his 
vote  or  influence  for  or  against  any  other  measure  or  proposition 
in  such  General  Assembly,  he  shall  be  deemed  guilty  of  bribery; 
and  any  member  of  the  General  Assembly,  or  person  elected 
thereto,  who  shall  be  guilty  of  either  of  such  offenses  shall  be 
expelled,  and  shall  not  be  thereafter  eligible  to  the  same  General 
Assembly;  and,  upon  conviction  thereof  in  the  civil  courts,  shall 
be  liable  to  such  further  penalty  as  may  be  prescribed  by  law. 

Section  41.  Any  person  who  shall  directly  or  indirectly  of- 
fer, give  or  promise  any  money  or  thing  of  value,  testimonial, 
privilege  or  personal  advantage  to  any  executive  or  judicial  offi- 
cer, or  member  of  the  General  Assembly,  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  be 
deemed  guilty  of  bribery,  and  be  punished  in  such  manner  as 
shall  be  provided  by  law. 

Section  42.  The  offense  of  corrupt  solicitation  of  members 
of  the  General  Assembly,  or  of  public  officers  of  the  State,  or  of 
any  municipal  division  thereof,  and  any  occupation  or  practice  of 
solicitation  of  such  members  or  officers  to  influence  their  official 
action,  shall  be  defined  by  law,  and  shall  be  punished  by  fine  and 
imprisonment. 

Section  43.  A  member  who  has  a  personal  or  private  inter- 
est in  any  measure  or  bill  proposed  or  pending  before  the  Gen- 


CONSTITUTIONAL    CONVENTION.  (>77 

era  I   Assembly,  shall  disclose  the  fact  to  the  House  of  which  he 

is  a  member,  and  shall  not   vote  thereon. 

CONGRESSIONAL    AND    LEGISLATIVE     APPORTIONMENTS. 

Section  44.  One  Representative  in  the  Congress  of  the 
United  States  shall  be  elected  from  the  State-at-large,  at  the 
first  election  under  this  Constitution,  and  thereafter  at  such 
times  and  places  and  in  such  manner  as  may  be  prescribed  by 
law.  When  a  new  apportionment  shall  be  made  by  Congress  the 
General  Assembly  shall  divide  the  State  into  Congressional  dis- 
tricts accordingly. 

Section  45.  The  General  Assembly  shall  provide  by  law  for 
an  enumeration  of  the  inhabitants  of  the  State,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-five,  and  every 
tenth  year  thereafter;  and  at  the  session  next  following  such 
enumeration,  and  also  at  the  session  next  following  an  enumera- 
tion made  by  the  authority  of  the  United  States,  shall  revise  and 
adjust  the  apportionment  for  Senators  and  Representatives,  on 
the  basis  of  such  enumeration  according  to  ratios  to  be  fixed 
by  law. 

Section  46.  The  Senate  shall  consist  of  twenty-six  and  the 
House  of  Representatives  of  forty-nine  members,  which  number 
shall  not  be  increased  until  the  year  of  our  Lord  one  thousand 
eight  hundred  and  ninety,  after  which  time  the  General  As- 
sembly may  increase  the  number  of  Senators  and  Representa- 
tives, preserving  as  near  as  may  be  the  present  proportion  as  to 
the  number  in  each  house;  provided,  that  the  aggregate  num- 
ber of  Senators  and  Representatives  shall  never  exceed  one 
hundred. 

Section  47.  Senatorial  and  Representative  districts  may  be 
altered  from  time  to  time,  as  public  convenience  may  require. 
When  a  Senatorial  or  Representative  district  shall  be  composed 
of  two  or  more  counties,  they  shall  be  contiguous,  and  the  dis- 
trict as  compact  as  may  be.  No  county  shall  be  divided  in  the 
formation  of  a  Senatorial  or  Representative  district. 

Section  48.  Until  the  State  shall  be  divided  into  Senatorial 
districts,  in  accordance  with  the  provisions  of  this  article,  said 
districts  shall  be  constituted  and  numbered  as  follows: 

The  county  of  Weld  shall  constitute  the  first  district,  and 
be  entitled  to  one  Senator. 

The  county  of  Larimer  shall  constitute  the  second  district, 
and  be  entitled  to  one  Senator. 

The  county  of  Boulder  shall  constitute  the  third  district, 
and  be  entitled  to  two  Senators. 

The  county  of  Gilpin  shall  constitute  the  fourth  district, 
and  be  entitled  to  one  Senator. 

The  counties  of  Gilpin,  Summit  and  Grand  shall  constitute 
the  fifth  district,  and  be  entitled  to  one  Senator. 


078  PROCEEDINGS    OF    THE 

The  county  of  Clear  Creek  shall  constitute  the  sixth  district, 
and  be  entitled  to  two  Senators. 

The  county  of  Jefferson  shall  constitute  the  seventh  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Arapahoe  shall  constitute  the  eighth  district, 
and  be  entitled  to  four  Senators. 

The  counties  of  Elbert  and  Bent  shall  constitute  the  ninth 
district,  and  be  entitled  to  one  Senator. 

The  county  of  El  Paso  shall  constitute  the  tenth  district, 
and  be  entitled  to  one  Senator. 

The  county  of  Douglas  shall  constitute  the  eleventh  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Park  shall  constitute  the  twelfth  district,  and 
be  entitled  to  one  Senator. 

The  counties  of  Lake  and  Saguache  shall  constitute  the 
thirteenth  district,  and  be  entitled  to  one  Senator. 

The  county  of  Fremont  shall  constitute  the  fourteenth  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Pueblo  shall  constitute  the  fifteenth  district, 
and  be  entitled  to  one  Senator. 

The  county  of  Huerfano  shall  constitute  the  sixteenth  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Las  Anirnas  shall  constitute  the  seventeenth 
district,  and  be  entitled  to  two  Senators. 

The  county  of  Costilla  shall  constitute  the  eighteenth  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Conejos  shall  constitute  the  nineteenth  dis- 
trict, and  be  entitled  to  one  Senator. 

The  counties  of  Eio  Grande,  Hinsdale,  La  Plata,  and  San 
Juan  shall  constitute  the  twentieth  district,  and  be  entitled  to 
one  Senator. 

Section  49.  Until  an  apportionment  of  Representatives  be 
made,  in  accordance  with  the  provisions  of  this  article,  they 
shall  be  divided  among  the  several  counties  of  the  State  in  the 
following  manner:  The  county  of  Arapahoe  shall  have  seven; 
the  counties  of  Boulder  and  Clear  Creek,  each,  four;  the  coun- 
ties of  Gilpin  and  Las  Animas,  each,  three;  the  counties  of  El 
Paso,  Fremont,  Huerfano,  Jefferson,  Pueblo  and  Weld,  each, 
two;  the  counties  of  Bent,  Costilla,  Conejos,  Douglas,  Elbert, 
Grand,  Hinsdale,  Larimer,  La  Plata,  Lake,  Park,  Rio  Grande, 
Summit,  Saguache  and  San  Juan,  each,  one;  and  the  counties  of 
Costilla  and  Conejos,  jointly,  one. 

ARTICLE  VI. 

JUDICIAL    DEPARTMENT. 

Section  1.  The  Judicial  power  of  the  State,  as  to  matters 
of  law  and  equity,  except  as  in  this  Constitution  otherwise  pro- 


CONSTITUTIONAL   CONVENTION.  679 

vidrd.  shall  he  vrsicd  in  a  Supreme  Court,  District  Courts, 
('•unity  Courts,  Justices  of  the  Peace,  and  such  other  Courts  as 
nmy  be  created  by  law  for  cities  and  incorporated  towns. 

SUPREME    COURT. 

Section  2.  The  Supreme  Court,  except  as  otherwise  pro- 
vided in  this  Constitution,  shall  have  appellate  jurisdiction  only, 
which  shall  be  co-extensive  with  the  State,  and  shall  have  a  gen- 
eral superintending  control  over  all  inferior  courts,  under  such 
regulations  and  limitations  as  may  be  prescribed  by  law. 

Section  3.  It  shall  have  power  to  issue  writs  of  habeas  cor- 
pus, mandamus,  quo  warranto,  certiorari,  injunction  and  other 
original  and  remedial  writs,  with  authority  to  hear  and  deter- 
mine the  same. 

Section  4.  At  least  two  terms  of  the  Supreme  Court  shall 
be  held  each  3Tear,  at  the  seat  of  government. 

Section  5.  The  Supreme  Court  shall  consist  of  three 
Judges,  a  majority  of  whom  shall  be  necessary  to  form  a  quorum 
or  pronounce  a  decision. 

Section  6.  The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  electors  of  the  State,  at  large,  as  hereinafter  provided. 

Section  7.  The  term  of  office  of  the  Judges  of  the  Supreme 
Court,  except  as  in  this  Article  otherwise  provided,  shall  be  nine 
years. 

Section  8.  The  Judges  of  the  Supreme  Court  shall,  immedi- 
ately after  the  first  election  under  this  Constitution,  be  classified 
by  lot,  so  that  one  shall  hold  his  office  for  the  term  of  three  years, 
one  for  the  term  of  six  years,  and  one  for  the  term  of  nine  years. 
The  lot  shall  be  drawn  by  the  Judges,  who  shall  for  that  pur- 
pose assemble  at  the  seat  of  government;  and  they  shall  cause 
tin-  result  thereof  to  be  certified  to  the  Secretary  of  the  Terri- 
tory, and  filed  in  his  office.  The  Judge  having  the  shortest  term 
to  serve,  not  holding  his  office  by  appointment  or  election  to  fill 
a  vacancy,  shall  be  the  Chief  Justice,  and  shall  preside  at  all 
terms  of  the  Supreme  Court,  and  in  case  of  his  absence,  the 
judge  having  in  like  manner  the  next  shortest  term  to  serve 
shall  preside  in  his  stead. 

Section  9.  There  shall  be  a  Clerk  of  the  Supreme  Court, 
who  shall  be  appointed  by  the  Judges  thereof,  and  shall  hold  his 
office  during  the  pleasure  of  said  Judges,  and  whose  duties  and 
emoluments  shall  be  as  prescribed  by  law  and  by  the  rules  of  the 
Supreme  Court. 

Section  10.  No  person  shall  be  eligible  to  the  office  of 
Judge  of  the  Supreme  Court  unless  he  be  learned  in  the  law ;  be 
at  least  thirty  years  of  age  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  State  or  Territory  at  least 
two  years  next  preceding  his  election. 


680  PROCEEDINGS    OF    THE 

DISTRICT   COURTS. 

Section  11.  The  District  Courts  shall  have  original  juris- 
diction of  all  causes  both  at  law  and  in  equity,  and  such  appel- 
late jurisdiction  as  may  be  conferred  by  law.  They  shall  have 
original  jurisdiction  to  determine  all  controversies  upon  relation 
of  any  person  on  behalf  of  the  people,  concerning  the  rights,  du- 
ties and  liabilities  of  railroad,  telegraph,  or  toll-road  companies 
or  corporations. 

Section  12.  The  State  shall  be  divided  into  judicial  dis- 
tricts, in  each  of  which  there  shall  be  elected  by  the  electors 
thereof,  one  Judge  of  the  District  Court  therein,  whose  term  of 
office  shall  be  six  years.  The  Judges  of  the  District  Courts  may 
hold  courts  for  each  other,  and  shall  do  so  when  required  by  law. 

Section  13.  Until  otherwise  provided  by  law,  said  districts 
shall  be  four  in  number,  and  constituted  as  follows,  viz: 

First  District — The  counties  of  Boulder,  Jefferson,  Gilpin, 
Clear  Creek,  Summit  and  Grand. 

Second  District — The  counties  of  Arapahoe,  Douglas,  Elbert, 
Weld  and  Larimer. 

Third  District — The  counties  of  Park,  El  Paso,  Tremont,  Pu- 
eblo, Bent,  Las  Animas  and  Huerfano. 

Fourth  District — The  counties  of  Costilla,  Conejos,  Rio 
Grande,  San  Juan,  La  Plata,  Hinsdale,  Saguache  and  Lake. 

Section  14.  The  General  Assembly  may,  after  the  year 
eighteen  hundred  and  eighty,  (whenever  two-thirds  of  the  mem- 
bers of  each  House  shall  concur  therein),  but  not  oftener  than 
once  in  six  years,  increase  the  number  of  the  judicial  districts 
and  the  judges  thereof;  such  districts  shall  be  formed  of  compact 
territory  and  bounded  by  county  lines,  but  such  increase  or 
change  in  the  boundaries  of  a  district  shall  not  work  the  rev- 
moval  of  any  judge  from  his  office  during  the  term  for  which  he 
shall  have  been  elected  or  appointed. 

Section  15.  The  Judges  of  the  District  Court  first  elected 
shall  be  chosen  at  the  first  general  election.  The  General  As- 
sembly may  provide  that  after  the  year  eighteen  hundred  and 
seventy-eight,  the  election  of  the  Judges  of  the  Supreme,  District 
and  County  Courts  and  the  District  Attorneys,  or  any  of  them, 
shall  be  on  a  different  day  from  that  on  which  an  election  is  held 
for  any  other  purpose,  and  for  that  purpose  may  extend  or 
abridge  the  term  of  office  of  any  such  officers  then  holding,  but 
not  in  any  case  more  than  six  months.  Until  otherwise  provided 
by  law,  such  officers  shall  be  elected  at  the  time  of  holding  the 
general  elections.  The  terms  of  office  of  all  Judges  of  the  Dis- 
trict Court,  elected  in  the  several  districts  throughout  the  State, 
shall  expire  on  the  same  day;  and  the  terms  of  office  of  the  dis- 
trict attorneys  elected  in  the  several  districts  throughout  the 
State  shall,  in  like  manner  expire  on  the  same  day. 


CONSTITUTIONAL   CONVENTION.  681 

Section  16.  No  person  shall  be  eligible  to  the  office  of  Dis- 
trict Judge  unless  he  be  learned  in  the  law,  be  at  least  thirty 
years  old,  and  a  citizen  of  the  United  States,  nor  unless  he  shall 
have  resided  in  the  State  or  Territory  at  least  two  years  next 
preceding  his  election,  nor  unless  he  shall,  at  the  time  of  his 
election,  be  an  elector  within  the  Judicial  District  for  which  he 
is  elected;  provided,  that  at  the  first  election,  any  person  of  the 
requisite  age  and  learning,  and  who  is  an  elector  of  the  Territory 
of  Colorado,  under  the  laws  thereof,  at  the  time  of  the  adoption 
of  this  Constitution,  shall  be  eligible  to  the  office  of  Judge  of  the 
District  Court  of  the  Judicial  District  within  which  he  is  an 
elector. 

Section  17.  The  time  of  holding  courts  within  the  said  dis- 
tricts shall  be  as  provided  by  law,  but  at  least  one  term  of  the 
District  Court  shall  be  held  annually  in  each  county,  except  in 
such  counties  as  may  be  attached,  for  judicial  purposes,  to  an- 
other county  wherein  such  courts  are  so  held.  This  shall  not  be 
construed  to  prevent  the  holding  of  special  terms  under  such  reg- 
ulations as  may  be  provided  by  law. 

Section  18.  The  Judges  of  the  Supreme  and  District  Courts 
shall  each  receive  such  salary  as  may  be  provided  by  law ;  and  no 
such  Judge  shall  receive  any  other  compensation,  perquisite  or 
emolument  for,  or  on  account  of,  his  office,  in  any  form  whatever, 
nor  act  as  Attorney  or  Counsellor-at-Law. 

Section  19.  There  shall  be  a  Clerk  of  the  District  Court  in 
each  county  wherein  a  term  is  held,  who  shall  be  appointed  by  the 
Judge  of  the  District,  to  hold  his  office  during  the  pleasure  of  the 
Judge.  His  duties  and  compensation  shall  be  as  provided  by  law, 
and  regulated  by  the  rules  of  the  Court. 

Section  £0.  Until  the  General  Assembly  shall  provide  by  law 
for  fixing  the  terms  of  the  courts  aforesaid,  the  Judges  of  the 
Supreme  and  District  Courts,  respectively,  shall  fix  the  terms 
thereof. 

DISTRICT  ATTORNEYS. 

Section  21.  There  shall  be  elected  by  the  qualified  electors  of 
each  Judicial  District,  at  each  regular  election  for  Judges  of  the 
Supreme  Court,  a  District  Attorney  for  such  District,  whose  term 
of  office  shall  be  three  years,  and  whose  duties  and  compensation 
shall  be  as  provided  by  law.  No  person  shall  be  eligible  to  the 
office  of  District  Attorney  who  shall  not,  at  the  time  of  his  election, 
be  at  least  twenty-five  years  of  age,  and  possess  all  the  other 
qualifications  for  Judges  of  District  Courts  as  prescribed  in  this 
article. 

COUNTY  COURTS. 

Section  22.  There  shall  be  elected  at  the  general  election  in 
each  organized  county,  in  Ilie  year  eighteen  hundred  and  seventy- 
seven,  and  every  three  years  thereafter,  except  as  otherwise  pro- 
vided in  this  article,  a  County  Judge,  who  shall  be  Judge  of  the 
County  Court  of  said  county,  whose  term  of  office  shall  be  three 


682  PROCEEDINGS    OF    THE 

years,  and  whose  compensation  shall  be  as  may  be  provided  by 
law. 

Section  23.  County  Courts  shall  be  courts  of  record  and  shall 
have  original  jurisdiction  in  all  matters  of  probate,  settlement 
of  estates  of  deceased  persons,  appointment  of  guardians,  conser- 
vators and  administrators,  and  settlement  of  their  accounts,  and 
such  other  civil  and  criminal  jurisdiction  as  may  be  conferred  by 
law.  Provided,  Such  courts  shall  not  have  jurisdiction  in  any 
case  where  the  debt,  damage,  or  claim  or  value  of  property 
involved  shall  exceed  two  thousand  dollars,  except  in  cases  re- 
lating to  the  estates  of  deceased  persons.  Appeals  may  be  taken 
from  County  to  District  Courts  or  to  the  Supreme  Court,  in  such 
cases  and  in  such  manner  as  may  be  prescribed  by  law. 

Writs  of  error  shall  lie  from  the  Supreme  Court  to  every 
final  judgment  of  the  County  Court.  No  appeal  shall  lie  to  the 
District  Court  from  any  judgment  given  upon  an  appeal  from  a 
Justice  of  the  Peace. 

CRIMINAL    COURT. 

Section  24.  The  General  Assembly  shall  have  power  to 
create  and  establish  a  Criminal  Court  in  each  county  having  a 
population  exceeding  fifteen  thousand,  which  court  may  have  con- 
current jurisdiction  with  the  District  Courts  in  all  criminal  cases 
not  capital ;  the  terms  of  such  courts  to  be  as  provided  by  law. 

JUSTICES   OP   THE    PEACE. 

Section  25.  Justices  of  the  Peace  shall  have  such  jurisdic- 
tion as  may  be  conferred  by  law;  but  they  shall  not  have  jurisdic- 
tion of  any  case  wherein  the  value  of  the  property  or  the  amount 
in  controversy  exceeds  the  sum  of  three  hundred  dollars,  nor 
wliere  the  boundaries  or  title  to  real  property  shall  be  called  in 
question. 

POLICE   MAGISTRATES. 

Section  26.  The  General  Assembly  shall  have  power  to  pro- 
vide for  creating  such  Police  Magistrates  for  cities  and  towns  as 
may  be  deemed  from  time  to  time  necessary  or  expedient,  who 
shall  have  jurisdiction  of  all  cases  arising  under  the  ordinances  of 
such  cities  and  towns  respectively. 

MISCELLANEOUS. 

Section  27.  The  judges  of  Courts  of  Record  inferior  to  the 
Supreme  Court  shall  on  or  before  the  first  day  of  July,  in  each 
year,  report  in  writing  to  the  Judges  of  the  Supreme  Court  such 
defects  and  omissions  in  the  laws  as  their  knowledge  and  experi- 
ence may  suggest,  and  the  Judges  of  the  Supreme  Court  shall,  on 
or  before  the  first  day  of  December  of  each  year,  report  in  writing 
to  the  Governor,  to  be  by  him  transmitted  to  the  General  Assem- 
bly, together  with  his  message,  such  defects  and  omissions  in  the 
Constitution  and  laws  as  they  may  find  to  exist,  together  with 
appropriate  bills  for  curing  the  same. 


COXSTI  1 1  Tin.x.M.  CONVENTION;  683 

Section  28.  All  l;i\vs  relating  to  courts  shall  be  general  and 
of  uniform  operation  throughout  tin-  State;  ;md  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  the  courts 
of  (lie  same  class  or  grade,  so  far  as  regulated  by  law,  and  the 
force  and  effect  of  1he  prom-dings,  judgments  and  decrees  of 
such  courts  severally  shall  be  uniform. 

Section  29.  All  officers  provided  for  in  this  article,  except- 
ing Judges  of  the  Supreme  Court,  shall  respectively  reside  in  the 
district,  county,  precinct,  city  or  town,  for  which  they  may  be 
elected  or  appointed.  Vacancies  in  elective  offices  shall  be  filled 
by  election,  but  when  the  unexpired  term  does  not  exceed  one 
year,  the  vacancy  shall  be  filled  by  appointment,  as  follows;  Of 
Judges  of  the  Supreme  and  District  Courts,  by  the  Governor; 
of  District  Attorneys,  by  the  Judge  of  the  court  to  which  the  office 
appertains,  and  of  all  other  judicial  officers  by  the  Board  of 
County  Commissioners  of  the  county  where  the  vacancy  occurs. 

Section  30.  All  process  shall  run  in  the  name  of  "The  Peo- 
ple of  the  State  of  Colorado ;"  all  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  "The  People  of  the  State  of 
Colorado,"  and  conclude,  "against  the  peace  and  dignity  of  the 
same." 

ARTICLE  VII. 

SUFFRAGE    AND   ELECTIONS. 

Section  1.  Every  male  person  over  the  age  of  twentv-one 
years,  possessing  the  following  qualifications,  shall  be  entitled  to 
vote  at  all  elections: 

First — He  shall  be  a  citizen  of  the  United  States,  or  not 
being  a  citizen  of  the  United  States,  he  shall  have  declared  his 
intention,  according  to  law,  to  become  such  citizen,  not  less  than 
four  months  before  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  State  six  months  imme- 
diately preceding  the  election  at  which  he  offers  to  vote,  and  in 
the  county,  city,  town,  ward  or  precinct,  such  time  as  may  be  pre- 
scribed by  law.  Provided,  That  no  person  shall  be  denied  the 
right  to  vote  at  any  school  district  election,  nor  to  hold  any 
school  district  office,  on  account  of  sex. 

Section  2.  The  General  Assembly  shall  at  the  first  session 
thereof,  and  may  at  any  subsequent  session  enact  laws  to  extend 
the  right  of  suffrage  to  women  of  lawful  age  and  otherwise  qual- 
ified according  to  the  provisions  of  this  Article.  No  such  enact- 
ment shall  be  of  effect  until  submitted  to  the  vote  of  the  qualified 
electors  at  a  general  election;  nor  unless  the  same  be  approved 
by  a  majority  of  those  voting  thereon. 

Section  3.  The  General  Assembly  may  prescribe,  by  law, 
an  educational  qualification  for  electors,  but  no  such  law  shall 
take  effect  prior  to  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety  (1890),  and  no  qualified  elector  shall  be  thereby 
disqualified. 


684  PROCEEDINGS    OF    THE 

Section  4.  For  the  purpose  of  voting  and  eligibility  to  of- 
fice, no  person  shall  be  deemed  to  have  gained  a  residence  by  rea- 
son of  his  presence,  or  lost  it  by  reason  of  his  absence,  while  in  the 
civil  or  military  service  of  the  State,  or  of  the  United  States,  nor 
while  a  student  at  any  institution  of  learning,  nor  while  kept  at 
public  expense  in  any  poor  house  or  other  asylum,  nor  while  con- 
fined in  public  prison. 

Section  5.  Voters  shall  in  all  cases,  except  treason,  felony 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections,  and  in  going  to  and  returning  therefrom. 

Section  6.  No  person  except  a  qualified  elector  shall  be 
elected  or  appointed  to  any  civil  or  military  office  in  the  State. 

Section  7.  The  general  election  shall  be  held  on  the  first 
Tuesday  of  October,  in  the  years  of  our  of  our  Lord  eighteen 
hundred  and  seventy-six,  eighteen  hundred  and  seventy-seven  and 
eighteen  hundred  and  seventy-eight,  and  annually  thereafter  on 
such  day  as  may  be  prescribed  by  law. 

Section  8.  All  elections  by  the  people  shall  be  by  ballot; 
every  ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall 
be  received,  and  the  number  be  recorded  by  the  election  officers  on 
the  list  of  voters  opposite  the  name  of  the  voter  who  presents  the 
ballot.  The  election  officers  shall  be  sworn  or  affirmed  not  to 
inquire  or  disclose  how  an  elector  shall  have  voted.  In  all  cases 
of  contested  elections,  the  ballots  cast  may  be  counted,  compared 
with  the  list  of  voters,  and  examined  under  such  safeguards  and 
regulations  as  may  be  prescribed  by  law. 

Section  9.  In  trials  of  contested  elections,  and  for  offenses 
arising  under  the  election  law,  no  person  shall  be  permitted  to 
withhold  his  testimony  on  the  ground  that  it  may  criminate  him- 
self, or  subject  him  to  public  infamy ;  but  such  testimony  shall  not 
be  used  against  him  in  any  judicial  proceeding,  except  for  perjury 
in  giving  such  testimony. 

Section  10.  No  person  while  confined  in  any  public  prison 
shall  be  entitled  to  vote ;  but  every  such  person  who  was  a  quali- 
fied elector  prior  to  such  imprisonment,  and  who  is  released  there- 
from by  virtue  of  a  pardon,  or  by  virtue  of  having  served  out  his 
full  term  of  imprisonment,  shall,  without  further  action,  be  in- 
vested with  all  the  rights  of  citizenship ;  except  as  otherwise  pro- 
vided in  this  Constitution. 

Section  11.  The  General  Assembly  shall  pass  laws  to  secure 
the  purity  of  elections,  and  guard  against  abuses  of  the  elective 
franchise. 

Section  12.  The  General  Assembly  shall,  by  general  law, 
designate  the  courts  and  judges  by  whom  the  several  classes  of 
election  contests,  not  herein  provided  for,  shall  be  tried,  and  regu- 
late the  manner  of  trial,  and  all  matters  incident  thereto,  but  no 
such  law  shall  apply  to  any  contest  arising  out  of  an  election 
held  before  its  passage. 


CONSTITUTIONAL    Co\  \  i:  \  I  ION.  OS,") 

ARTICLE  VIII. 

STATE   INSTITUTIONS. 

Section  1.  Educational,  reformatory,  and  penal  institutions, 
and  those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  and 
such  other  institutions  as  the  public  good  may  require,  shall  be 
established  and  supported  by  the  State,  in  such  manner  as  may 
be  prescribed  by  law. 

Section  2.  The  General  Assembly  shall  have  no  power  to 
change  or  to  locate  the  seat  of  government  of  the  State,  but  shall 
at  its  first  session  subsequent  to  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  eighty  provide  by  law  for  submitting  the 
question  of  the  permanent  location  of  the  seat  of  government  to 
the  qualified  electors  of  the  State,  at  the  general  election  then 
next  ensuing,  and  a  majority  of  all  the  votes  upon  said  question 
cast  at  said  election,  shall  be  necessary  to  determine  the  location 
thereof.  Said  General  Assembly  shall  also  provide  that  in  case 
there  shall  be  no  choice  of  location  at  said  election,  the  question 
of  choice  between  the  two  places  for  which  the  highest  number 
of  votes  shall  have  been  cast,  shall  be  submitted  in  like  manner 
to  the  qualified  electors  of  the  State,  at  the  next  general  election ; 
Provided,  That  until  the  seat  of  government  shall  have  been  per- 
manently located  as  herein  provided,  the  temporary  location 
thereof  shall  remain  at  the  city  of  Denver. 

Section  3.  When  the  seat  of  government  shall  have  been  lo- 
cated as  herein  provided,  the  location  thereof  shall  not  thereafter 
be  changed,  except  by  a  vote  of  two-thirds  of  all  the  qualified 
electors  of  the  State  voting  on  that  question,  at  a  general  election, 
at  which  the  question  of  location  of  the  seat  of  government  shall 
have  been  submitted  to  the  General  Assembly. 

Section  4.  The  General  Assembly  shall  make  no  appropria- 
tion or  expenditure  for  Capitol  buildings  or  grounds,  until  the 
seat  of  government  shall  have  been  permanently  located  as  herein 
provided. 

Section  5.  The  following  Territorial  Institutions,  to-wit; 
The  University  at  Boulder,  the  Agricultural  College  at  Fort  Col- 
lins, the  School  of  Mines  at  Golden,  the  Institute  for  the  Educa- 
tion of  Mutes  at  Colorado  Springs,  shall,  upon  the  adoption  of 
this  Constitution  become  Institutions  of  the  State  of  Colorado 
and  the  management  thereof  subject  to  the  control  of  the  State, 
under  such  laws  and  regulations  as  the  General  Assembly  shall 
provide,  and  the  location  of  said  Institutions,  as  well  as  all  gifts, 
grants  and  appropriations  of  money  and  property,  real  and  per- 
sonal, heretofore  made  to  said  several  Institutions,  are  hereby 
confirmed  to  the  use  and  benefit  of  the  same  respectively;  Pro- 
vided, this  section  shall  not  apply  to  any  Institution  the  property, 
real  or  personal,  of  which  is  now  vested  in  the  trustees  thereof, 
until  such  property  be  transferred  by  proper  conveyance,  together 
with  the  control  thereof,  to  the  officers  provided  for  the  manage- 
ment of  said  Institution  by  this  Constitution,  or  by  law. 


PROCEEDINGS    OF    THE 

ARTICLE  IX. 

EDUCATION. 

Section  1.  The  general  supervision  of  the  public  schools  of  the 
State  shall  be  vested  in  a  Board  of  Education,  whose  powers  and 
duties  shall  be  prescribed  by  law;  the  Superintendent  of  Public 
Instruction,  the  Secretary  of  State  and  Attorney  General  shall 
constitute  the  Board,  of  which  the  Superintendent  of  Public  In- 
struction shall  be  President. 

Section  2.  The  General  Assembly  shall,  as  soon  as  practica- 
ble, provide  for  the  establishment  and  maintenance  of  a  thorough 
and  uniform  system  of  free  public  schools  throughout  the  State, 
wherein  all  residents  of  the  State,  between  the  ages  of  six  and 
twenty-one  years,  may  be  educated  gratuitously.  One  or  more 
public  schools  shall  be  maintained  in  each  school  district  with- 
in the  State,  at  least  three  months  in  each  year;  any  school  dis- 
trict failing  to  have  such  school  shall  not  be  entitled  to  receive 
any  portion  of  the  school  fund  for  that  year. 

Section  3.  The  public  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact;  the  interest  thereon,  only,  shall  be 
expended  in  the  maintenance  of  the  schools  of  the  State,  and 
shall  be  distributed  amongst  the  several  counties  and  school 
districts  of  the  State,  in  such  manner  as  may  be  prescribed  by 
law.  No  part  of  this  fund,  principal  or  interest,  shall  ever  be 
transferred  to  any  other  fund,  or  used,  or  appropriated,  except 
as  herein  provided.  The  State  Treasurer  shall  be  the  custodian 
of  this  fund,  and  the  same  shall  be  securely  and  profitably  in- 
vested as  may  be  by  law  directed.  The  State  shall  supply  all 
losses  thereof  that  may  in  any  manner  occur. 

Section  4.  Each  County  Treasurer  shall  collect  all  school 
funds  belonging  to  his  county,  and  the  several  school  districts 
therein,  and  disburse  the  same  to  the  proper  districts  upon  war- 
rants drawn  by  the  County  Superintendent,  or  by  the  proper 
district  authorities,  as  may  be  provided  by  law. 

Section  5.  The  public  school  fund  of  the  State  shall  consist 
of  the  proceeds  of  such  lands  as  have  heretofore  t>een,  or  may 
hereafter,  be  granted  to  the  State  by  the  General  Government  for 
educational  purposes;  all  estates  that  may  escheat  to  the  State; 
also  all  other  grants,  gifts  or  devises  that  may  be  made  to  this 
State  for  educational  purpose. 

Section  6.  There  shall  be  a  County  Superintendent  of 
Schools  in  each  county,  whose  term  of  office  shall  be  two  years, 
and  whose  duties,  qualifications  and  compensation  shall  be  pre- 
scribed by  law.  He  shall  be  Ex-officio  Commissioner  of  Lands 
within  his  county,  and  shall  discharge  the  duties  of  said  office 
under  the  direction  of  the  State  Board  of  Land  Commissioners, 
as  directed  by  law. 

Section  7.  Neither  the  General  Assembly,  nor  any  county, 
city,  town,  township,  school  district,  or  other  public  corporation, 


CONSTITUTIONAL   CO.\  \  I :\  I  ION.  687 

sl::ill  ever  make  any  appropriation,  m-  pay  from  any  public  fund 
or  moneys  whatever.  an\  I liinii  in  aid  of  anv  church  or  sectarian 
sorii  iv.  <u-  for  aii\  sectarian  purpose,  or  to  help  support,  or  sus- 
tain anv  school,  academy,  seminary,  college,  university,  or  other 
literary  01-  scientific  institution,  controlled  by  any  church  or 
sectarian  denomination  whatsoever;  nor  shall  any  grant  or  do- 
nation of  la  ml.  money,  or  other  personal  property,  ever  be  made 
liy  the  State,  or  any  such  public  corporation,  to  any  church,  or 
for  anv  sectarian  purpose. 

Section  8.  No  religious  test  or  qualification  shall  ever  be  re- 
quired of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  student; 
and  no  teacher  or  student  of  any  such  institution  shall  ever  be 
required  to  attend,  or  participate  in  any  religious  service  what- 
ever. No  sectarian  tenets  or  doctrines  shall  ever  be  taught  in  the 
public  schools,  nor  shall  any  distinction  or  classification  of 
pupils  be  made  on  account  of  race  or  color. 

Section  9.  The  Governor,  Superintendent  of  Public  Instruc- 
tion, Secretary  of  State,  and  Attorney  General,  shall  constitute 
the  State  Board  of  Land  Commissioners,  who  shall  have  the 
direction,  control  and  disposition  of  the  public  lands  of  the  State, 
under  such  regulations  as  may  be  prescribed  by  law. 

Section  10.  It  shall  be  the  duty  of  the  State  Board  of  Land 
Commissioners  to  provide  for  the  location,  protection,  sale  or 
other  disposition  of  all  the  lands  heretofore,  or  which  may  here- 
after be  granted  to  the  State  by  the  general  government,  under 
such  regulations  as  may  be  prescribed  by  law;  and  in  such  man- 
ner as  will  secure  the  maximum  possible  amount  therefor.  No- 
law  shall  ever  be  passed  by  the  General  Assembly  granting  any 
privileges  to  persons  who  may  have  settled  upon  any  such  public 
lands  subsequent  to  the  survey  thereof  by  the  General  Govern- 
ment, by  which  the  amount  to  be  derived  by  the  sale,  or  other 
disposition  of  such  lands,  shall  be  diminished,  directly  or  in- 
directly. 

The  General  Assembly  shall,  at  the  earliest  practicable 
period,  provide  by 'law  that  the  several  grants  of  land  made  by 
Congress  to  the  State  shall  be  judiciously  located  and  carefully 
preserved  and  held  in  trust  subject  to  disposal,  for  the  use  and 
benefit  of  the  respective  objects  for.  which  said  grants  of  land 
were  made,  and  the  General  Assembly  shall  provide  for  the  sale 
of  said  lands  from  time  to  time;  and  for  the  faithful  application 
of  the  proceeds  thereof  in  accordance  with  the  terms  of  said 
grants. 

Section  11.  The  General  Assembly  may  require,  by  law,  that 
every  child  of  sufficient  mental  and  physical  ability,  shall  attend 
the  public  school  during  the  period  between  the  ages  of  six  and 
eighteen  years,  for  a  time  equivalent  to  three  years,  unless 
educated  by  other  means. 

Section  12.  There  shall  be  elected  by  the  qualified  electors 
of  the  State,  at  the  first  general  election  under  this  Constitution, 


688  PROCEEDINGS    OF   THE 

six  Regents  of  the  University,  who  shall  immediately  after  their 
election  be  so  classified  by  lot,  that  two  shall  hold  their  office 
for  the  term  of  two  years,  two  for  four  years  and  two  for  six 
years;  and  every  two  years  after  the  first  election  there  shall 
be  elected  two  Regents  of  the  University  whose  term  of  office 
shall  be  six  years.  The  Regents  thus  elected,  and  their  succes- 
sors, shall  constitute  a  body  corporate  to  be  known  by  the  name 
and  style  of  "The  Regents  of  the  University  of  Colorado.'' 

Section  13.  The  Regents  of  the  University  shall,  at  their 
first  meeting,  or  as  soon  thereafter  as  practicable,  elect  a  Presi- 
dent of  the  University,  who  shall  hold  his  office  until  removed  by 
the  Board  of  Regents  for  cause ;  he  shall  be  ex-officio  a  member  of 
the  Board,  with  the  privilege  of  speaking,  but  not  of  voting,  ex- 
cept in  cases  of  a  tie;  he  shall  preside  at  the  meetings  of  the 
Board,  and  be  the  principal  executive  officer  of  the  University, 
and  a  member  of  the  faculty  thereof. 

Section  14.  The  Board  of  Regents  shall  have  the  general 
supervision  of  the  University,  and  the  exclusive  control  and  direc- 
tion of  all  funds  of,  and  appropriations  to,  the  University. 

Section  15.  The  General  Assembly  shall,  by  law,  provide  for 
organization  of  school  districts  of  convenient  size,  in  each  of 
which  shall  be  established  a  Board  of  Education,  to  consist  of 
three  or  more  directors  to  be  elected  by  the  qualified  electors  of 
the  district.  Said  directors  shall  have  control  of  instruction  in 
the  public  schools  of  their  respective  districts. 

Section  16.  Neither  the  General  Assembly  nor  the  S'tate 
Board  of  Education  shall  have  power  to  prescribe  text  books  to 
be  used  in  the  public  schools. 

ARTICLE  X. 

REVENUE. 

Section  1.  The  fiscal  year  shall  commence  on  the  first  day 
of  October  in  each  year,  unless  otherwise  provided  by  law. 

Section  2.  The  General  Assembly  shall  provide  by  law  for 
an  annual  tax  sufficient,  with  other  resources,  to  defray  the  esti- 
mated expenses  of  the  State  Government  for  each  fiscal  year. 

Section  3.  All  taxes  shall  be  uniform  upon  the  same  class  of 
subjects  within  the  territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general  laws, 
which  shall  prescribe  such  regulations  as  shall  secure  a  just 
valuation  for  taxation  of  all  property,  real  and  personal;  Pro- 
vided, That  mines  and  mining  claims  bearing  gold,  silver,  and 
other  precious  metals  (except  the  net  proceeds  and  surface  im- 
provements thereof)  shall  be  exempt  from  taxation  for  the  period 
of  ten  years  from  the  date  of  the  adoption  of  this  Constitution, 
and  thereafter  may  be  taxed  as  provided  by  law.  Ditches, 
canals,  and  flumes  owned  and  used  by  individuals  or  corporations 
for  irrigating  lands  owned  by  such  individuals  or  corpora- 


CONSTITUTIONAL    CONVENTION.  689 

tions,  or  the  individual  members  thereof,  shall  not  be  separately 
taxed,  so  long  as  they  shall  be  owned  and  used  exclusively  for 
such  purpose. 

Section  4.  The  property,  real  and  personal,  of  the  State, 
counties,  cities,  towns  and  other  municipal  corporations  and 
public  libraries,  shall  be  exempt  from  taxation. 

Section  5.  Lots,  with  the  buildings  thereon,  if  said  build- 
ings are  used  solely  and  exclusively  for  religious  worship,  for 
schools,  or  for  strictly  charitable  purposes,  also  cemeteries  not 
used  or  held  for  private  or  corporate  profit,  shall  be  exempt  from 
taxation,  unless  otherwise  provided  by  general  law. 

Section  6.  All  laws  exempting  from  taxation,  property 
other  than  that  hereinbefore  mentioned  shall  be  void. 

Section  7.  The  General  Assembly  shall  not  impose  taxes  for 
the  purposes  of  any  county,  city,  town  or  other  municipal  cor- 
poration, but  may  by  law,  vest  in  the  corporate  authorities 
thereof  respectively,  the  power  to  assess  and  collect  taxes  for 
all  purposes  of  such  corporation. 

Section  8.  No  county,  city,  town  or  other  municipal  corpor- 
ation, the  inhabitants  thereof,  nor  the  property  therein,  shall  be 
released  or  discharged  from  their  or  its  proportionate  share  of 
taxes  to  be  levied  for  State  purposes. 

Section  9.  The  power  to  tax  corporations  and  corporate 
property,  real  and  personal,  shall  never  be  relinquished  or  sus- 
pended. 

Section  10.  All  corporations  in  this  State,  or  doing  business 
therein,  shall  be  subject  to  taxation  for  State,  county,  school, 
municipal  and  ot\wr  purposes,  on  the  real  and  personal  property 
owned  or  used  by  them  within  the  territorial  limits  of  the  author- 
ity levying  the  tax. 

Section  11.  The  rate  of  taxation  on  property  for  S»tate  pur- 
poses, shall  never  exceed  six  mills  on  each  dollar  of  valuation, 
and  whenever  the  taxable  property  within  the  State  shall 
amount  to  one  hundred  million  dollars,  the  rate  shall  not  exceed 
four  mills  on  each  dollar  of  valuation;  and  whenever  the  tax- 
able property  within  the  State  shall  amount  to  three  hundred 
million  dollars,  the  rate  shall  never  thereafter  exceed  two  mills 
on  each  dollar  of  valuation  unless  a  proposition  to  increase 
such  rates,  specifying  the  rate  proposed,  and  the  time  during 
which  the  same  shall  be  levied,  be  first  submitted  to  a  vote  of 
such  of  the  qualified  electors  of  the  State  as  in  the  year  next 
preceding  such  election,  shall  have  paid  a  property  tax  assessed 
to  them  within  the  State,  and  a  majority  of  those  voting  there- 
on shall  vote  in  favor  thereof,  in  such  manner  as  may  be  pro- 
vided by  law. 

Section  12.  The  Treasurer  shall  keep  a  separate  account  of 
each  fiind  in  his  hands;  and  shall,  at  the  end  of  each  quarter  of 
the  fiscal  year,  report  to  the  Governor,  in  writing,  under  oath, 
the  amount  of  all  moneys  in  his  hands  to  the  credit  of  every 


PROCEEDINGS    OF    THE 

such  fund,  and  the  place  where  the  same  are  kept  or  deposited, 
and  the  number  and  amount  of  every  warrant  received,  and  the 
number  and  amount  of  every  warrant  paid  therefrom  during  the 
quarter.  Swearing  falsely  to  any  such  report  shall  be  deemed 
perjury. 

The  Governor  shall  cause  every  such  report  to  be  immedi- 
ately published  in  at  least  one  newspaper  printed  at  the  seat 
of  government,  and  otherwise  as  the  General  Assembly  may  re- 
quire. The  General  Assembly  may  provide  by  law  further  regu- 
lations for  the  safe  keeping  and  management  of  the  public  funds 
in  the  hands  of  the  Treasurer,  but,  notwithstanding  any  such 
regulation,  the  Treasurer  and  his  sureties  shall  in  all  cases  be 
held  responsible  therefor. 

Section  13.  The  making  of  profit,  directly  or  indirectly,  out 
of  State,  county,  city,  town,  or  school  district  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  by  any  public  officer, 
shall  be  deemed  a  felony,  and  shall  be  punished  as  provided  by 
law. 

Section  14.  Private  property  shall  not  be  taken  or  sold  for 
the  payment  of  the  corporate  debt  of  municipal  corporations. 

Section  15.  There  shall  be  a  State  Board  of  Equalization, 
consisting  of  the  Governor,  State  Auditor,  State  Treasurer,  Sec- 
retary of  State,  and  Attorney  General,  also,  in  each  county  of  this 
State,  a  county  Board  of  Equalization,  consisting  of  the  Board 
of  County  Commissioners  of  said  County.  The  duty  of  the  State 
Board  of  Equalization  shall  be  to  adjust  and  equalize  the  valua- 
tion of  real  and  personal  property  among  the  several  Counties 
of  the  S-tate.  The  duty  of  the  County  Board  of  Equalization 
shall  be  to  adjust  and  equalize  the  valuation  of  real  and  personal 
property  within  their  respective  Counties.  Each  Board  shall  also 
perform  such  other  duties  as  may  be  prescribed  by  law. 

Section  16.  No  appropriation  shall  be  made,  nor  any  expen- 
diture authorized  by  the  General  Assembly,  whereby  the  expendi- 
ture of  the  State,  during  any  fiscal  year,  shall  exceed  the  total 
tax  then  provided  for  by  law  and  applicable  for  such  appropria- 
tion or  expenditure,  unless  the  General  Assembly  making  such 
appropriation  shall  provide  for  levying  a  sufficient  tax,  not 
exceeding  the  rates  allowed  in  section  eleven  of  this  Article,  to 
pay  such  appropriation  or  expenditure  within  such  fiscal  year. 
This  provision  shall  not  apply  to  appropriations  or  expenditures 
to  suppress  insurrection,  defend  the  State,  or  assist  in  defend- 
ing the  United  States  in  time  of  war. 

ARTICLE  XI. 

PUBLIC    INDEBTEDNESS. 

Section  1.  Neither  the  State,  nor  any  county,  city,  town, 
township  or  school  district  shall  lend  or  pledge  the  credit  or 
faith  thereof,  directly  or  indirectly,  in  any  manner  to,  or  in  aid 
of,  any  person,  company  or  corporation,  public  or  private,  for 


CONST!  II     FIONA!     <  MNVKNTIoX.  091 

any  amount,  or  for  any  purpose  whatever;  or  become  responsible 
f.n-  any  debi.  . -(.mi-act  or  liability  of  any  person,  company,  or  cor- 
poration, publir  or  private,  in  or  out  of  the  Stair. 

Section  1».  N'either  the  State,  nor  any  county,  city,  town, 
township  or  school  district  shall  make  any  donation  or  grant  to, 
or  in  aid  of,  or  become  a  subscriber  to.  or  shareholder  in  any  cor- 
poration or  company,  or  a  joint  owner  with  any  person,  company 
oi-  corporation,  public  or  private,  in  or  out  of  the  State,  except 
as  to  such  ownership  as  may  accrue  to  the  State  by  escheat,  or 
by  forfeiture,  by  operation  or  provision  of  law;  and  except  as 
to  such  ownership  as  may  accrue  to  the  State,  or  to  any  county, 
city,  town,  township  or  school  district,  or  to  either  or  any  of 
them,  jointly,  with  any  person,  company  or  corporation,  by  for- 
feiture or  sale  of  real  estate  for  non-payment  of  taxes,  or  by  do- 
nation or  devise  for  public  use,  or  by  purchase  by  or  on  behalf 
of  any  or  either  of  them,  jointly  with  any  or  either  of  them, 
under  execution  in  cases  of  fines,  penalties,  or  forfeiture  of 
n  ( -ogiM/juice.  breach  of  condition  of  official  bond,  or  of  bond  to 
secure  public  moneys,  or  the  performance  of  any  contract  in 
which  they  or  any  of  them  may  be  jointly  or  severally  interested. 

Section  3.  The  State  shall  not  contract  any  debt  by  loan  in 
any  form,  except  to  provide  for  casual  deficiencies  of  revenue, 
erect  public  buildings  for  use  of  the  State,  suppress  insurrection, 
defend  the  State,  oi\  in  time  of  war,  assist  in  defending  the 
United  States;  and  the  amount  of  debt  contracted  in  any  one 
year  to  provide  for  deficiencies  of  revenue  shall  not  exceed  one- 
fourth  of  a  mill  on  each  dollar  of  valuation  of  taxable  property 
within  the  State,  and  the  aggregate  amount  of  such  debt  shall 
not  at  any  time  exceed  three  fourths  of  a  mill  on  each  dollar 
of  said  valuation  until  the  valuation  shall  equal  one  hundred 
millions  of  dollars,  and  thereafter  such  debt  shall  not  exceed 
one  hundred  thousand  dollars,  and  the  debt  incurred  .in  any  one 
year  for  erection  of  public  buildings  shall  not  exceed  one-half 
mill  on  each  dollar  of  said  valuation,  and  the  aggregate  amount 
of  such  debt  shall  never  at  any  time  exceed  the  sum  of  fifty  thou- 
sand dollars  (except  as  provided  in  Section  Five  of  this  Article), 
and  in  all  cases  the  valuation  in  this  Section  mentioned  shall  be 
that  of  the  assessment  last  preceding  the  creation  of  said  debt. 

Section  4.  In  no  case  shall  any  debt  above  mentioned  in  this 
article  be  created,  except  by  a  law  which  shall  be  irrepealable, 
iiinil  the  indebtedness  therein  provided  for  shall  have  been  fully 
paid  or  discharged ;  such  law  shall  specify  the  purposes  to  which 
the  funds  so  raised  shall  be  applied,  and  provide  for  the  levy  of 
a  tax  sufficient  to  pay  the  interest  on  and  extinguish  the  princi- 
pal of,  such  debt  within  the  time  amended  by  such  law  for  the 
payment  thereof,  which  in  the  case  of  debts  contracted  for  the 
en  ction  of  public  buildings  and  supplying  deficiencies  of  rev- 
enue shall  not  be  less  than  ten  nor  more  than  fifteen  years,  and 
the  funds  arising  from  the  collection  of  any  such  tax  shall  not 
be  applied  to  any  other  purpose  than  that  provided  in  the  law 


692  PROCEEDINGS    OF    THE 

levying  the  same,  and  when  the  debt  thereby  created  shall  be 
paid  or  discharged,  such  tax  shall  cease  and  the  balance,  if  any, 
to  the  credit  of  the  fund  shall  immediately  be  placed  to  the 
credit  of  the  general  fund  of  the  State. 

Section  5.  A  debt  for  the  purpose  of  erecting  public  build- 
ings may  be  created  by  law  as  provided  for  in  Section  Four  of 
this  Article,  not  exceeding  in  the  aggregate  three  mills  on  each 
dollar  of  said  valuation,  Provided,  that  before  going  into  effect, 
such  law  shall  be  ratified  by  the  vote  of  a  majority  of  such  quali- 
fied electors  of  the  State  as  shall  vote  thereon  at  a  general  elec- 
tion under  such  regulations  as  the  General  Assembly  may  pre- 
scribe. 

Section  6.  No  county  shall  contract  any  debt  by  loan  in  any 
form,  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  public  roads  and  bridges,  and  such 
indebtedness  contracted  in  any  one  year  shall  not  exceed  the 
rates  upon  the  taxable  property  in  such  county,  following,  to-wit : 

Counties  in  which  the  assessed  valuation  of  taxable  prop- 
erty shall  exceed  five  millions  of  dollars,  one  dollar  and  fifty 
cents  on  each  thousand  dollars  thereof. 

Counties  in  which  such  valuation  shall  be  less  than  five  mil- 
lions of  dollars,  three  dollars  on  each  thousand  dollars  thereof. 

And  the  aggregate  amount  of  indebtedness  of  any  county,  for 
all  purposes  exclusive  of  debts  contracted  before  the  adoption 
of  this  Constitution,  shall  not  at  any  time  exceed  twice  the 
amount  above  herein  limited,  unless  when  in  manner  provided 
by  law,  the  question  of  incurring  such  debt  shall  at  a  general 
election  be  submitted  to  such  of  the  qualified  electors  of  such 
county  as  in  the  year  last  preceding  such  election  shall  have 
paid  a  tax  upon  property  assessed  to  them  in  such  county,  and 
a  majority  of  those  voting  thereon  shall  vote  in  favor  of  incur- 
ring the  debt;  but  the  bonds,  if  any  be  issued  therefor,  shall  not 
run  less  than  ten  years,  and  the  aggregate  amount  of  debt  so 
contracted  shall  not  at  any  time  exceed  twice  the  rate  upon 
the  valuation  last  herein  mentioned,  Provided,  that  this  Section 
shall  not  apply  to  counties  having  a  valuation  of  less  than  one 
million  of  dollars. 

Section  7.  No  debt  by  loan  in  any  form  shall  be  contracted 
by  any  school  district  for  the  purpose  of  erecting  and  furnish- 
ing school  buildings,  or  purchasing  grounds,  unless  the  proposi- 
tion to  create  such  debt  shall  first  be  submitted  to  such  quali- 
fied electors  of  the  district  as  shall  have  paid  a  school  tax  there- 
in, in  the  year  next  preceding  such  election,  and  a  majority  of 
those  voting  thereon  shall  vote  in  favor  of  incurring  such  debt. 

Section  8.  No  city  or  town  shall  contract  any  debt  by  loan 
in  any  form,  except  by  means  of  an  ordinance,  which  shall  be  irre- 
pealable  until  the  indebtedness  therein  provided  for  shall  have 
been  fully  paid  or  discharged,  specifying  the  purposes  to  which 
the  funds  to  be  raised  shall  be  applied,  and  providing  for  the 


CONSTITUTIONAL   CONVENTION.  693 

irv\  of  a  ia.\.  not  exceeding  twelve  (12)  mills  on  each  dollar  of 
valiiaiion  of  taxable  property  within  such  city  or  town  suffi- 
i  im  t  to  pay  the  annual  interest  and  extinguish  the  principal  of 
such  debt  within  fifteen,  but  not  less  than  ten  years  from  the 
nvation  thereof,  and  such  tax  when  collected  shall  be  applied 
only  to  the  purposes  in  such  ordinance  specified  until  the  in- 
debtedness shall  be  paid  or  discharged.  But  no  such  debt  shall 
be  created  unless  the  question  of  incurring  the  same  shall  at  a 
regular  election  for  councilmen,  aldermen,  or  officers  of  such 
city  or  town  be  submitted  to  a  vote  of  such  qualified  electors 
thereof  as  shall  in  the  year  next  preceding  have  paid  a  property 
lax  therein,  and  a  majority  of  those  voting  on  the  question  by 
ballot  deposited  in  a  separate  ballot  box,  shall  vote  in  favor  of 
creating  such  debt :  but  the  aggregate  amount  of  debt  so  created, 
together  with  the  debt  existing  at  the  time  of  such  election, 
shall  not  at  any  time  exceed  three  per  cent,  of  the  valuation  last 
aforesaid.  Debts  contracted  for  supplying  water  to  such  city 
or  town  are  excepted  from  the  operation  of  this  Section.  The 
valuation  in  this  Section  mentioned  shall  be,  in  all  cases,  that  of 
the  assessment  next  preceding  the  last  assessment  before  the  adop- 
tion of  such  ordinance. 

Section  9.  Nothing  contained  in  this  Article  shall  be  so  con- 
strued as  to  either  impair  or  add  to  the  obligation  of  any  debt 
heretofore  contracted  by  any  county,  city,  town,  or  school  dis- 
trict, in  accordance  with  the  laws  of  Colorado  Territory,  or  pre- 
vent the  contracting  of  any  debt,  or  the  issuing  of  bonds  there- 
for in  accordance  with  said  laws  upon  any  proposition  for  that 
purpose  which  may  have  been,  according  to  said  laws,  submit- 
ted to  a  vote  of  the  qualified  electors  of  any  county,  city,  town 
or  school  district  before  the  day  on  which  this  Constitution  takes 
effect. 

ARTICLE  XII. 

OFFICERS. 

Section  1.  Every  person  holding  any  civil  office  under  the 
State  or  any  municipality  therein,  shall,  unless  removed  ac- 
cording to  law,  exercise  the  duties  of  such  office  until  his  suc- 
cessor is  duly  qualified;  but  this  shall  not  apply  to  members  of 
the  General  Assembly,  nor  to  members  of  any  Board  or  As- 
sembly, two  or  more  of  whom  are  elected  at  the  same  time.  The 
General  Assembly  may,  by  law,  provide  for  suspending  any 
officer  in  his  functions  pending  impeachment  or  prosecution  for 
misconduct  in  office. 

Section  2.  No  person  shall  hold  any  office  or  employment  of 
trust  or  profit,  under  the  laws  of  the  State  or  any  ordinance  of 
any  municipality  therein,  without  devoting  his  personal  atten- 
tion to  the  duties  of  the  same. 

Section  3.  No  person  who  is  now  or  hereafter  may  become  a 
collector  or  receiver  of  public  money,  or  the  deputy  or  assistant 
of  such  collector  or  receiver,  and  who  shall  have  become  a  de 


694  PROCEEDINGS    OF    THE 

faulter  in  his  office,  shall  be  eligible  to  or  assume  the  duties  of 
any  office  of  trust  or  profit  in  this  State,  under  the  laws  thereof, 
or  of  any  municipality  therein,  until  he  shall  have  accounted  for 
and  paid  over  all  public  money  for  which  he  may  be  accountable. 

Section  4.  No  person  hereafter  convicted  of  embezzlement  of 
public  moneys,  bribery,  perjury,  solicitation  of  bribery,  or  sub- 
ornation of  perjury,  shall  be  eligible  to  the  General  Assembly, 
or  capable  of  holding  any  office  of  trust  or  profit  in  this  State. 

Section  5.  The  District  Court  of  each  county  shall,  at  each 
term  thereof,  specially  give  in  charge  to  the  grand  jury,  if 
there  be  one,  the  laws  regulating  the  accountability  of  the 
County  Treasurer,  and  shall  appoint  a  committee  of  such  grand 
jury,  or  of  other  reputable  persons  not  exceeding  five,  to  in- 
vestigate the  official  accounts  and  affairs  of  the  Treasurer  of 
such  County,  and  report  to  the  Court  the  condition  thereof,  the 
Judge  of  the  District  Court  may  appoint  a  like  committee  in 
vacation  at  any  time,  but  not  oftener  than  once  in  every  three 
months.  The  District  Court  of  the  County  wherein  the  seat  of 
government  may  be  shall  have  the  like  power  to  appoint  com- 
mittees to  investigate  the  official  accounts  and  affairs  of  the 
State  Treasurer  and  the  Auditor  of  State. 

Section  6.  Any  civil  officer  or  member  of  the  General  As- 
sembly who  shall  solicit  demand  or  receive  or  consent  to  re- 
ceive, directly  or  indirectly,  for  himself  or  for  another,  from  any 
company  corporation  or  person,  any  money,  office,  appointment, 
employment,  testimonial,  reward,  thing  of  value  or  enjoyment 
or  of  personal  advantage  or  promise  thereof,  for  his  vote,  offi- 
cial influence  or  action,  or  for  withholding  the  same,  or  with  an 
understanding  that  his  official  influence  or  action  shall  be  in 
any  way  influenced  thereby,  or  who  shall  solicit  or  demand  any 
such  money  or  advantage,  matter  or  thing  aforesaid  for  another, 
as  the  consideration  of  his  vote,  official  influence  or  action,  or 
for  withholding  the  same,  or  shall  give  or  withhold  his  vote,  offi- 
cial influence  or  action,  in  consideration  of  the  payment  or  prom- 
ise of  such  money,  advantage,  matter  or  thing  to  another,  shall  be 
held  guilty  of  bribery,  or  solicitation  of  bribery  as  the  case  may 
be,  within  the  meaning  of  this  Constitution,  and  shall  incur  the 
disabilities  provided  thereby  for  such  offense,  and  such  addi- 
tional punishment  as  is  or  shall  be  prescribed  by  law. 

Section  7.  Every  member  of  the  General  Assembly  shall  be- 
fore he  enters  upon  his  official  duties  take  an  oath  or  affirma- 
tion to  support  the^  Constitution  of  the  United  States  and  of  the 
State  of  Colorado,  and  to  faithfully  perform  the  duties  of  his 
office  according  to  the  best  of  his  ability.  This  oath  or  affirma- 
tion shall  be  administered  in  the  Hall  of  the  House  to  which  the 
member  shall  have  been  elected. 

Section  8.  Every  civil  officer,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and  sub- 


CONSTITUTIONAL    CONVENTION.  695 

scribe  an  oath  or  attinnai  ion  lo  support,  the  Constitution  of  the 
I'n it IM!  States  and  of  t  h<>  Slate  of  Colorado,  and  to  fail  1 1  fully  per 
form    the  duties  of  the  office  upon  which  he  shall   he  about  to 
enter. 

Section  !).  Oflicers  of  the  Kxeciitive  Department  and  Judges 
of  the  Supreme  or  District  Courts  and  District  Attorneys,  shall 
file  their  oaths  of  office  with  the  Secretary  of  State;  every  other 
officer  shall  file  his  oath  of  office  with  1he  County  Clerk  of  the 
county  wherein  he  shall  have  been  elected. 

Section  10.  If  any  person  elected  or  appointed  to  any  office 
shall  refuse  or  neglect  to  qualify  therein  within  the  time  pre- 
scribed by  law.  such  office  shall  be  deemed  vacant. 

Section  11.  The  term  of  office  of  any  officer  elected  to  fill  a 
vacancy  shall  terminate  at  the  expiration  of  the  term  during 
which  the  vacancy  occurred. 

Section  12.  No  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same  as  a  second,  or  send,  accept  or  knowingly 
carr}T  a  challenge  therefor,  or  agree  to  go  out  of  the  State  to 
fight  a  duel,  shall  hold  any  office  in  the  State. 

ARTICLE  XIII. 

IMPEACHMENT. 

Section  1.  The  House  of  Representatives  shall  have  tht- 
sole  powrer  of  impeachment.  The  concurrence  of  a  majority  of 
all  the  members  shall  be  necessary  to  an  impeachment.  All  im- 
peachments shall  be  tried  by  the  Senate,  and  when  sitting  for 
that  purpose,  the  Senators  shall  be  upon  oath  or  affirmation  to 
do  justice  according  to  law  and  evidence.  When  the  Governor 
or  Lieutenant  Governor  is  on  trial,  the  Chief  Justice  of  the  Su- 
preme Court  shall  preside.  No  person  shall  be  convicted  without 
a  concurrence  of  two-thirds  of  the  Senators  elected. 

Section  2.  The  Governor  and  other  State  and  Judicial  offi- 
cers, except  County  Judges  and  Justices  of  the  Peace,  shall  be 
liable  to  impeachment  for  high  crimes  or  misdemeanors,  or  mal- 
feasance in  office,  but  judgment  in  such  cases  shall  only  extend 
to  removal  from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  in  the  State.  The  party,  whether  convicted 
or  acquitted,  shall,  nevertheless,  be  liable  to  prosecution,  trial, 
judgment  and  punishment  according  to  law. 

Section  3.  All  officers  not  liable  to  impeachment  shall  be 
subject  to  removal  for  misconduct  or  malfeasance  in  office  in  such 
manner  as  may  be  provided  by  law. 

ARTICLE  XIV. 

COUNTIES. 

Section  1.  The  several  counties  of  the  Territory  of  Colo- 
rado as  they  now  exist,  are  hereby  declared  to  be  counties  of  the 
State. 


69G  PROCEEDINGS    OF    THE 

Section  2.  The  General  Assembly  shall  have  no  power  to  re- 
move the  county  seat  of  any  county,  but  the  removal  of  county 
seats  shall  be  provided  for  by  general  law,  and  no  county  seat 
shall  be  removed  unless  a  majority  of  the  qualified  electors  of 
the  county,  voting  on  the  proposition  at  a  gdneral  election,  vote 
therefor;  and  no  such  proposition  shall  be  submitted  oftener 
than  once  in  four  years,  and  no  person  shall  vote  on  such  propo- 
sition who  shall  not  have  resided  in  the  county  six  months  and 
in  the  election  precinct  ninety  days  next  preceding  such  election. 

Section  3.  No  part  of  the  territory  of  any  county  shall  be 
stricken  off  and  added  to  an  adjoining  county,  without  first  sub- 
mitting the  question  to  the  qualified  voters  of  the  county  from 
which  the  territory  is  proposed  to  be  stricken  off;  nor  unless  a 
majority  of  all  the  qualified  voters  of  said  county  voting  on  the 
question,  shall  vote  therefor. 

Section  4.  In  all  cases  of  the  establishment  of  any  new 
county,  the  new  county  shall  be  held  to  pay  its  ratable  proportion 
of  all  then  existing  liabilities,  of  the  county  or  counties  from 
which  such  new  county  shall  be  formed. 

Section  5.  When  any  part  of  a  county  is  stricken  off  and  at- 
tached to  another  county,  the  part  stricken  off  shall  be  held  to 
pay  its  ratable  proportion  of  all  then  existing  liabilities  of  the 
county  from  which  it  is  taken. 

COUNTY    OFFICERS. 

Section  6.  In  each  county  there  shall  be  elected  for  the  term 
of  three  years,  three  County  Commissioners,  who  shall  hold  ses- 
sions for  the  transaction  of  county  business  as  provided  by 
law,  any  two  of  whom  shall  constitute  a  quorum  for  the  trans- 
action of  business.  One  of  said  Commissioners  shall  be  elected 
on  the  first  Tuesday  in  October,  eighteen  hundred  and  seventy- 
six,  and  every  year  thereafter  one  such  officer  shall  be  elected 
in  each  county,  at  the  general  election,  for  the  term  of  three 
years;  Provided,  That  when  the  population  of  any  county  shall 
exceed  ten  thousand,  the  Board  of  County  Commissioners  may 
consist  of  five  members,  who  shall  be  elected  as  provided  by  law, 
any  three  of  whom  shall  constitute  a  quorum  for  the  transac- 
tion of  business. 

Section  7.  The  compensation  of  all  county  and  precinct  offi- 
cers shall  be  as  provided  by  law. 

Section  8.  There  shall  be  elected  in  each  county,  on  the 
first  Tuesday  in  October,  in  the  year  eighteen  hundred  and  sev- 
enty-seven, and  every  alternate  year  forever  thereafter,  one 
County  Clerk,  who  shall  be  ex-officio  Recorder  of  Deeds  and 
clerk  of  the  Board  of  County  Commissioners;  one  Sheriff;  one 
Coroner;  one  Treasurer,  who  shall  be  collector  of  taxes;  one 
County  Superintendent  of  Schools ;  one  County  Surveyor,  and  one 
Countv  Assessor. 


CONSTITUTIONAL    CONVENTION.  697 

Section  9.  In  case  of  a  vacancy  nrriirring  in  the  office  of 
County  Commissioner,  the  Governor  shall  fill  the  same  by  ap- 
pointment; and  in  case  of  a  vacancy  in  any  other  county  office  or 
in  any  precinct  office,  the  Board  of  County  Commissioners  shall 
fill  tlip  same  by  appointment;  and  the  person  appointed  shall 
hold  the  oflii-p  until  the  next  general  election,  or  until  thp  va- 
cancy be  filled  by  election  according  to  law. 

Section  10.  No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  a  qualified  elector;  nor  unless  he  shall  have 
resided  in  the  county  one  year  preceding  his  election. 

Section  11.  There  shall,  at  the  first  election  at  which  county 
officers  are  chosen,  and  annually  thereafter,  be  elected  in  each 
precinct,  one  Justice  of  the  Peace  and  one  Constable,  who  shall 
each  hold  his  office  for  the  term  of  two  years;  Provided,  That  in 
precincts  containing  five  thousand  or  more  inhabitants,  the 
number  of  Justices  and  Constables  may  be  increased  as  provided 
by  law. 

Section  12.  The  General  Assembly  shall  provide  for  the 
election  or  appointment  of  such  other  county,  township,  precinct 
and  municipal  officers  as  public  convenience  may  require;  and 
their  terms  of  office  shall  be  as  prescribed  by  law,  not  in  any 
case  to  exceed  two  years. 

Section  13.  The  General  Assembly  shall  provide,  by  general 
laws,  for  the  organization  and  classification  of  cities  and  towns. 
The  number  of  such  classes  shall  not  exceed  four;  and  the  pow- 
ers of  each  class  shall  be  defined  by  general  laws,  so  that  all 
municipal  corporations  of  the  same  class  shall  possess  the  same 
powers  and  be  subject  to  the  same  restrictions. 

Section  14.  The  General  Assembly  shall  also  make  provi- 
sion, by  general  law,  whereby  any  city,  town  or  village,  incorpor- 
ated by  any  special  or  local  law,  may  elect  to  become  subject  to 
and  be  governed  by  the  general  law  relating  to  such  corporations. 

Section  15.  For  the  purpose  of  providing  for  and  regulating 
the  compensation  of  county  and  precinct  officers,  the  General 
Assembly,  shall,  by  law,  classify  the  several  counties  of  the  State 
according  to  population,  and  shall  grade  and  fix  the  compensa- 
tion of  the  officers  within  the  respective  classes  according  to  the 
population  thereof.  Such  law  shall  establish  scales  of  fees  to  be 
charged  and  collected  by  such  of  the  county  and  precinct  officers 
as  may  be  designated  therein,  for  services  to  be  performed  by 
them,  respectively,  and  where  salaries  are  provided,  the  same 
shall  be  payable  only  out  of  the  fees  actually  collected  in  all 
cases  where  fees  are  prescribed.  All  fees,  perquisites  and  emolu- 
ments above  the  amount  of  such  salaries,  shall  be  paid  into  the 
county  treasury. 

ARTICLE  XV. 

CORPORATIONS. 

Section  1.  All  existing  charters  or  grants  of  special  or 
exclusive  privileges,  under  which  the  corporators  or  grantees 


698  PROCEEDINGS    OF    THE 

shall  not  have  organized  and  commenced  business  in  good  faith 
at  the  time  of  the  adoption  of  this  Constitution,  shall  thereafter 
have  no  validity. 

Section  2.  No  charter  of  incorporation  shall  be  granted,  ex- 
tended, changed  or  amended  by  special  law,  except  for  such 
municipal,  charitable,  educational,  penal  or  reformatory  corpor- 
ations as  are  or  may  be  under  the  control  of  the  State;  but  the 
General  Assembly  shall  provide  by  general  laws  for  the  organi- 
zation of  corporations  hereafter  to  be  created. 

Section  3.  The  General  Assembly  shall  have  the  power  to 
alter,  revoke  or  annul  any  charter  of  incorporation  now  existing 
and  revocable  at  the  adoption  of  this  Constitution,  or  any  that 
may  hereafter  be  created,  whenever  in  their  opinion  it  may  be 
injurious  to  the  citizens  of  the  State,  in  such  manner,  however, 
that  no  injustice  shall  Jbe  done  to  the  corporators. 

Section  4.  All  railroads  shall  be  public  highways,  and  all 
railroad  companies  shall  be  common  carriers.  Any  association  or 
corporation  organized  for  the  purpose,  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  designated  points 
within  this  State,  and  to  connect  at  the  State  line  with  railroads 
of  other  states  and  territories.  Every  railroad  company  shall 
have  the  right  with  its  road  to  intersect,  connect  with  or  cross 
any  other  railroad. 

Section  5.  No  railroad  corporation,  or  the  lessees  or  mana- 
gers thereof,  shall  consolidate  its  stock,  property  or  franchises 
with  any  other  railroad  corporation  owning  or  having  under  its 
control  a  parallel  or  competing  line. 

Section  6.  All  individuals,  associations  and  corporations 
shall  have  equal  rights  to  have  persons  and  property  transported 
over  any  railroad  in  this  State,  and  no  undue  or  unreasonable  dis- 
crimination shall  be  made  in  charges  or  in  facilities  for  trans- 
portation of  freight  or  passengers  within  the  State,  and  no  rail- 
road company,  nor  any  lessee,  manager  or  employe  thereof,  shall 
give  any  preference  to  individuals,  associations  or  corporations 
in  furnishing  cars  or  motive  power. 

Section  7.  No  railroad  or  other  transportation  company  in 
existence  at  the  time  of  the  adoption  of  this  Constitution  shall 
have  the  benefit  of  any  future  legislation,  without  first  filing  in 
the  office  of  the  Secretary  of  State  an  acceptance  of  the  pro- 
visions of  this  Constitution  in  binding  form. 

Section  8.  The  right  of  eminent  domain  shall  never  be 
abridged  nor  so  construed  as  to  prevent  the  General  Assembly 
from  taking  the  property  and  franchises  of  incorporated  com- 
panies, and  subjecting  them  to  public  use,  the  same  as  the  prop- 
erty of  individuals;  and  the  police  power  of  the  State  shall  never 
be  abridged  or  so  construed  as  to  permit  corporations  to  conduct 
their  business  in  such  manner  as  to  infringe  the  equal  rights  of 
individuals  or  the  general  well  being  of  the  State. 


COxsiiM   IK.NAI.    CONVENTION.  •<'»!)!* 

Section  9.  No  corporal  ion  sliall  issue  stocks  or  bonds,  ex- 
cept for  labor  done,  service  performed  or  money  or  properly 
actually  received,  and  all  fictitious  increase  of  stock  or  indehied 
ness  shall  be  void.  The  slock  of  corporations  sliall  not  be  in- 
creased except  in  pursuance  of  general  law.  nor  without  the  con- 
sent of  the  persons  holding  the  majority  of  the  stock,  first  ob- 
tained at  a  meeting  held  after  at  least  thirty  day's  notice  given 
in  pursuance  of  law. 

Section  10.  No  foreign  corporation  shall  do  any  business  in 
this  State  without  having  one  or  more  known  places  of  business, 
and  an  authori/.rd  agent  or  agents  in  the  same,  upon  whom  proc- 
ess may  be  served. 

Section  11.  No  street  railroad  shall  be  constructed  within 
any  city,  town  or  incorporated  village,  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway 
proposed  to  be  occupied  by  such  street  railroad. 

Section  12.  The  General  Assembly  shall  pass  no  law  for  the 
benefit  of  a  railroad  or  other  corporation,  or  any  individual,  or 
association  of  individuals,  retrospective  in  its  operation,  or  which 
imposes  on  the  people  of  any  county  or  municipal  subdivision 
of  the  State,  a  new  liability  in  respect  to  transactions  or  con- 
siderations already  past. 

Section  13.  Any  association  or  corporation,  or  the  lessees  or 
managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  telegraph 
within  this  Stfate,  and  to  connect  the  same  with  other  lines,  and 
the  General  Assembly  shall,  by  general  law,  of  uniform  opera- 
tion, provide  reasonable  regulations  to  give  full  effect  to  this 
section.  No  telegraph  company  shall  consolidate  with,  or  hold 
a  controlling  interest  in,  the  stocks  or  bonds  of  any  other  tele- 
graph company  owning  or  having  the  control  of  a  competing 
line,  or  acquire,  by  purchase  or  otherwise,  any  other  competing 
line  of  telegraph. 

Section  14.  If  any  railroad,  telegraph,  express  or  other  cor- 
poration organized  under  any  of  the  laws  of  this  State,  shall 
consolidate,  by  sale  or  otherwise,  with  any  railroad,  telegraph,  ex- 
press or  other  corporation  organized  under  any  laws  of  any  other 
state  or  territory  or  of  the  United  States,  the  same  shall  not 
thereby  become  a  foreign  corporation,  but  the  courts  of  this 
State  shall  retain  jurisdiction  over  that  part  of  the  corporate 
property  within  the  limits  of  the  State  in  all  matters  which  may 
arise,_as  if  said  consolidation  had  not  taken  place. 

Section  15.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes,  as  a  condition 
of  their  employment  or  otherwise,  any  contract  or  agreement, 
whereby  such  person,  company  or  corporation  shall  be  released 
or  discharged  from  liability  or  responsibility  on  account  of  per- 
sonal injuries  received  by  such  servants  or  employes  while  in  the 
service  of  such  person,  company  or  corporation,  by  reason  of 
the  negligence  of  such  person,  company  or  corporation,  or  the 


700'  PROCEEDINGS   OF    THE 

agents  or  employes  thereof,  and  such  contracts  shall  be  absolutely 
null  and  void. 

ARTICLE  XVI— MINING  AND  IRRIGATION. 

MINING. 

Section  1.  There  shall  be  established  and  maintained  the 
office  of  Commissioner  of  Mines,  the  duties  and  salary  of  which 
shall  be  prescribed  by  law.  When  said  office  shall  be  established, 
the  Governor  shall,  with  the  advice  and  consent  of  the  Senate, 
appoint  thereto  a  person  known  to  be  competent,  whose  term 
of  office  shall  be  four  years. 

Section  2.  The  General  Assembly  shall  provide  by  law  for 
the  proper  ventilation  of  mines,  the  construction  of  escapement 
shafts,  and  such  other  appliances  as  may  be  necessary  to  protect 
the  health  and  secure  the  safety  of  the  workmen  therein ;  and 
shall  prohibit  the  employment  in  the  mines  of  children  under 
twelve  years  of  age. 

Section  3.  The  General  Assembly  may  make  such  regula- 
tions from  time  to  time,  as  may  be  necessary  for  the  proper  and 
equitable  drainage  of  mines. 

Section  4.  The  General  Assembly  may  provide  that  the  sci- 
ence of  mining  and  metallurgy  be  taught  in  one  or  more  of  the 
institutions  of  learning  under  the  patronage  of  the  State. 

IRRIGATION. 

Section  5.  The  water  of  every  natural  stream,  not  hereto- 
fore appropriated,  within  the  State  of  Colorado,  is  hereby  de- 
clared to  be  the  property  of  the  public,  and  the  same  is  dedicated 
to  the  use  of  the  people  of  the  State,  subject  to  appropriation  as 
hereinafter  provided. 

Section  f>.  The  right  to  divert  the  unappropriated  waters  of 
any  natural  stream  to  beneficial  uses  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  water  for  the  same  purpose ;  but  when  the  waters 
of  any  natural  stream  are  not  sufficient  for  the  service  of  all 
those  desiring  the  use  of  the  same,  those  using  the  water  for 
domestic  purposes  shall  have  the  preference  over  those  claiming 
for , any  other  purpose,  and  those  using  the  water  for  agricultural 
purposes  shall  have  preference  over  those  using  the  same  for 
manufacturing  purposes. 

Section  7.  All  persons  and  corporations  shall  have  the  right 
of  way  across  public,  private  and  corporate  lands  for  the  con- 
struction of  ditches,  canals  and  flumes  for  the  purpose  of  con- 
veying water  for  domestic  purposes,  for  the  irrigation  of  agricul- 
tural lands,  and  for  mining  and  manufacturing  purposes,  and  for 
drainage,  upon  payment  of  just  compensation. 

Section  8.  The  General  Assembly  shall  provide  by  law  that 
the  Board  of  Countv  Commissioners  in  their  respective  counties, 


CONSTITUTIONAL   CONVENTION.  701 

shall  have  power,  when  application  is  ma<Je  to  them  by  either 
parly  interested,  to  establish  reasonable  maximum  rates  to  be 
dialled  for  the  use  <>t'  \\atcr,  whether  furnished  by  individuals  or 
corporations. 

ARTICLE  XVII— MILITIA. 

Section  1.  The  militia  of  the  State  shall  consist  of  all  able- 
bodied  male  residents  of  the  State,  between  the  ages  of  eighteen 
and  forty -five  years;  Except,  such  persons  as  may  be  exempted 
by  the  laws  of  the  United  States,  or  of  the  State. 

Section  2.  The  organization,  equipment  and  discipline  of 
the  militia  shall  conform  as  nearly  as  practicable,  to  the  regula- 
tions for  the  government  of  the  armies  of  the  United  States. 

Section  3.  The  Governor  shall  appoint  all  General,  Field 
and  Staff  Officers  and  commission  them.  Each  company  sball 
elect  its  own  officers,  who  shall  be  commissioned  by  the  Governor; 
but  if  any  company  shall  fail  to  elect  such  officers,  within  the 
time  prescribed  by  law,  they  may  be  appointed  by  the  Governor. 

Section  4.  The  General  Assembly  shall  provide  for  the  safe 
keeping  of  the  public  arms,  military  records,  relics  and  banners 
of  the  State. 

Section  5.  No  person  having  conscientious  scruples  against 
bearing  arms,  shall  be  compelled  to  do  militia  duty  in  time  of 
peace;  Provided,  such  person  shall  pay  an  equivalent  for  such 
•exemption. 

ARTICLE  XVIII— MISCELLANEOUS. 

Section  1.  The  General  Assembly  shall  pass  liberal  home- 
stead and  exemption  laws. 

Section  2.  The  General  Assembly  shall  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  any  purpose,  and  shall 
pass  laws  to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets 
in  this  State. 

Section  3.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide  differ- 
ences by  arbitrators,  to  be  appointed  by  mutual  agreement  of  the 
parties  to  any  controversy  who  may  choose  that  mode  of  ad- 
justment. The  powers  and  duties  of  such  arbitrators  shall  be 
as  prescribed  by  law. 

Section  4.  The  term  felony,  wherever  it  may  occur  in  this 
Constitution,  or  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offence  punishable  by  death  or  imprisonment  in 
the  penitentiary,  and  none  other. 

Section  5.  The  General  Assembly  shall  prohibit  by  law  the 
importation  into  this  S^ate,  for  the  purpose  of  sale,  of  any  spuri- 
ous, poisonous,  or  drugged  spirituous  liquors,  or  spirituous 
liquors  adulterated  with  any  poisonous  or  deleterious  substance, 
mixture,  or  compound ;  and  shall  prohibit  the  compounding  or 
manufacture  within  this  State,  except  for  chemical  or  mechanical 
purposes,  of  any  of  said  liquors,  whether  they  be  denominated 


702  PROCEEDINGS    OF    THE 

spirituous,  vinous,  malt,  or  otherwise;  and  shall  also  prohibit  the 
sale  of  any  such  liquors  to  be  used  as  a  beverage,  and  any  viola- 
tion of  either  of  said  prohibitions  shall  be  punished  by  fine  and 
imprisonment.  The  General  Assembly  shall  provide  by  law  for 
the  condemnation  and  destruction  of  all  spurious,  poisonous  or 
drugged  liquors  herein  prohibited. 

Section  6.  The  General  Assembly  shall  enact  laws  in  order 
to  prevent  the  destruction  of,  and  to  keep  in  good  preservation, 
the  forests  upon  the  lands  of  the  State,  or  upon  lands  of  the  pub- 
lic domain,  the  control  of  which  shall  be  conferred  by  Congress 
upon  the  State. 

Section  7.  The  General  Assembly  may  provide  that  the  in- 
crease in  the  value  of  private  lands  caused  by  the  planting  of 
hedges,  orchards,  and  forests  thereon,  shall  not,  for  a  limited  time, 
to  be  fixed  by  law,  be  taken  into  account  in  assessing  such  lands 
for  taxation. 

Section  8.  The  General  Assembly  shall  provide  for  the  pub- 
lication of  the  Laws  passed  at  each  session  thereof.  And  until 
the  year  1900  they  shall  cause  to  be  published  in  Spanish  and  Ger- 
man, a  sufficient  number  of  copies  of  said  Laws,  to  supply  that 
portion  of  the  inhabitants  of  the  State  wrho  speak  those  lan- 
guages, and  who  may  be  unable  to  read  and  understand  the  Eng- 
lish language. 

ARTICLE  XIX— AMENDMENTS. 

Section  1.  The  General  Assembly  may  at  any  time,  by  a 
a  vote  of  two-thirds  of  the  members  elected  to  each  House,  recom- 
mend to  the  electors  of  the  State,  to  vote  at  the  next  general  elec- 
tion for  or  against  a  convention  to  revise,  alter,  and  amend  this 
Constitution;  and  if  a  majority  of  those  voting  on  the  question 
shall  declare  in  favor  of  such  convention,  the  General  Assembly 
shall,  at  its  next  session,  provide  for  the  calling  thereof.  The 
number  of  members  of  the  Convention  shall  be  twice  that  of  the 
Senate,  and  they  shall  be  elected  in  the  same  manner,  at  the  same 
places,  and  in  the  same  districts. 

The  General  Assembly  shall,  in  the  Act  calling  the  Conven- 
tion, designate  the  day,  hour,  and  place  of  its  meeting:  fix  the 
pay  of  its  members  and  officers,  and  provide  for  the  payment  of 
the  same,  together  with  the  necessary  expenses  of  the  Conven- 
tion. 

Before  proceeding,  the  members  shall  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States,  and  of  the  State  of 
Colorado,  and  to  faithfully  discharge  their  duties  as  members  of 
the  Convention. 

The  qualifications  of  members  shall  be  the  same  as  of  mem- 
bers of  the  Senate;  and  vacancies  occurring  shall  be  filled  in  the 
manner  provided  for  filling  vacancies  in  the  General  Assembly. 

Said  Convention  shall  meet  within  three  months  after  such 
election,  and  prepare  such  revisions,  alterations,  or  amendments 
to  the  Constitution  as  may  be  deemed  necessary;  which  shall  be 


CONST  I  i  I    I  -IOXAI.   CONVENTION.  703 

submitted  io  the  electors  I'm-  their  ratification  or  rejection  ;ii  an 
eledion  appointed  by  the  Convention  for  that  purpose,  not  less 
thiin  two  nor  more  th:m  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted  ;ind  approved  by  ;i  majority  ol' 
the  electors  voting  at  (lie  election,  no  such  revision,  alteration,  or 
amendment  shall  lake  effect. 

Sec.  2.  Any  amendment  or  amendments  to  this  Constitu 
tion  may  be  proposed  in  either  House  of  the  General  Assembly, 
and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  members 
elected  to  each  House,  such  proposed  amendments,  together  with 
the  ayes  and  noes  of  each  House  thereon,  shall  be  entered  in  full 
on  their  respective  journals;  and  the  Secretary  of  State  shall 
cause  the  said  amendment  or  amendments  to  be  published  in 
full  in  at  least  one  newspaper  in  each  county  (if  such  there  be) 
for  three  months  previous  to  the  next  general  election  for  mem- 
bers to  the  General  Assembly;  and  at  said  election  the  said 
amendment  or  amendments  shall  be  submitted  to  the  qualified 
electors  of  the  State  for  their  approval  or  rejection,  and  such  as 
are  approved  by  a  majority  of  those  voting  thereon,  shall  become 
part  of  this  Constitution;  but  the  General  Assembly  shall  have 
no  power  to  propose  amendments  to  more  than  one  Article  of  this 
Constitution  at  the  same  session. 

SCHEDULE. 

That  no  inconvenience  may  arise  by  reason  of  the  change  in 
the  form  of  government,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution  shall,  so  far  as  not  inconsistent  therewith,  remain 
of  the  same  force  as  if  this  Constitution  had  not  been  adopted, 
until  they  expire  by  their  own  limitation  or  are  altered  or  re- 
pealed by  the  General  Assembly ;  and  all  rights,  actions,  prosecu- 
tions, claims  and  contracts  of  the  Territory  of  Colorado,  counties, 
individuals  or  bodies  corporate  (not  inconsistent  therewith)  shall 
continue  as  if  the  form  of  government  had  not  been  changed  and 
this  Constitution  adopted. 

Section  2.  That  all  recognizances,  obligations  and  all  other 
instruments,  entered  into  or  executed  before  the  admission  of  the 
State,  to  the  Territory  of  Colorado,  or  to  any  county,  school  dis- 
trict or  other  municipality  therein,  or  any  officer  thereof,  and  all 
fines,  taxes,  penalties  and  forfeitures  due  or  owing  to  the  Terri- 
tory of  Colorado,  or  any  such  county,  school  district  or  municipal- 
ity, or  officer ;  and  all  writs,  prosecutions,  actions  and  causes  of 
action,  except  as  herein  otherwise  provided,  shall  continue  and 
remain  iinatl'ected  by  the  change  of  the  form  of  government.  All 
indictments  which  shall  have  been  found,  or  may  hereafter  be 
found,  and  all  informations  which  shall  have  been  filed,  or  may 
hereafter  be  filed,  for  any  crime  or  offense  committed  before  this 
Constitution  takes  effect,  may  be  proceeded  upon  as  if  no  change 
had  taken  place,  except  as  otherwise  provided  in  this  Constitution. 


704  PROCEEDINGS    OF    THE 

Section  3.  That  all  property,  real  and  personal,  and  all 
moneys,  credits,  claims  and  choses  in  action,  belonging  to  the 
Territory  of  Colorado  at  the  adoption  of  this  Constitution,  shall 
be  vested  in  and  become  the  property  of  the  State  of  Colorado. 

Section  4.  The  General  Assembly  shall  pass  all  laws  neces- 
sary to  carry  into  effect  the  provisions  of  this  Constitution. 

Section  5.  Whenever  any  two  of  the  Judges  of  the  Supreme 
Court  of  the  State  elected  or  appointed  under  the  provisions  of 
this  Constitution  shall  have  qualified  in  their  office,  the  causes 
theretofore  pending  in  the  Supreme  Court  of  the  Territory,  and 
the  papers,  records  and  proceedings  of  said  court,  and  the  seal 
and  other  property  pertaining  thereto,  shall  pass  into  the  juris- 
diction and  possession  of  the  Supreme  Court  of  the  State;  and 
until  so  superceded  the  Supreme  Court  of  the  Territory  and  the 
Judges  thereof  shall  continue  with  like  powers  and  jurisdiction 
as  if  this  Constitution  had  not  been  adopted.  Whenever  the 
Judge  of  the  District  Court  of  any  District  elected  or  appointed 
under  the  provisions  of  this  Constitution,  shall  have  qualified  in 
his  office,  the  several  causes  theretofore  pending  in  the  District 
Court  of  the  Territory,  within  any  county  in  such  district,  and 
the  records,  papers  and  proceedings  of  said  District  Court,  and 
the  seal  and  other  property  pertaining  thereto  shall  pass  into 
the  jurisdiction  and  possession  of  the  District  Court  of  the  State, 
for  such  county,  and  until  the  District  Courts  of  the  Territory 
shall  be  superceded,  in  manner  aforesaid,  the  said  District  Courts 
and  the  Judges  thereof  shall  continue  with  the  same  jurisdiction 
and  powers  to  be  exercised  in  the  same  Judicial  Districts  respect- 
ively heretofore  constituted  under  the  laws  of  the  Territory. 

Section  6.  The  terms  of  office  of  the  several  Judges  of  the 
Supreme  and  District  Courts  and  the  District  Attorneys  of  the 
several  Judicial  Districts  first  elected  under  this  Constitution 
shall  commence  from  the  day  of  filing  their  respective  oaths  of 
office  in  the  office  of  the  Secretary  of  State. 

Section  7.  Until  otherwise  provided  by  law  the  seals  now  in 
use  in  the  Supreme  and  District  Courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  Supreme  and  District  Courts 
respectively  of  the  State. 

Section  8.  Whenever  this  Constitution  shall  go  into  effect, 
the  books,  records,  papers  and  proceedings  of  the  Probate  Court 
in  each  county,  and  all  causes  and  matters  of  administration 
pending  therein  shall  pass  into  the  jurisdiction  and  possession 
of  the  County  Court  of  the  same  county,  and  the  said  County 
Court  shall  proceed  to  final  decree  or  judgment,  order  or  other 
determination,  in  the  said  several  matters  and  causes  as  the  said 
Probate  Court  might  have  done  if  this  Constitution  had  not  been 
adopted.  And  until  the  election  of  the  County  Judges,  provided 
for  in  this  Constitution,  the  Probate  Judges  shall  act  as  Judges 
of  the  County  Courts  within  their  respective  Counties,  and  the 
seal  of  the  Probate  Court  in  each  county  shall  be  the  seal  of  the 


CONSTITUTIONAL    CONVENTION.  705 

County  Court  therein  until  the  sjiiil  com',  slisill  li;i\e  prornrod  a 
proper  seal. 

Section  9.  The  terms  "Probate  Court"  or  "Probate  Judge," 
win  'never  occurring  in  the  Statutes  of  Colorado  Territory,  shall, 
after  the  adoption  of  this  Constitution,  be  held  to  apply  to  the 
Toiiniv  Court  or  County  Judge,  and  all  laws  specially  applicable 
to  the  Probate  Court  in  any  county,  shall  be  construed  to  apply 
in  ;md  be  in  force  as  to  the  County  Court  in  the  same  county, 
until  repealed. 

Section  10.  All  county  and  precinct  officers,  who  may  be  in 
office  at  the  time  of  the  adoption  of  this  Constitution,  shall  hold 
their  respective  offices  for  the  full  time  for  which  they  may  have 
been  elected,  and  until  such  time  as  their  successors  may  be 
elected  and  qualified  in  accordance  with  the  provisions  of  this 
Constitution,  and  the  official  bonds  of  all  such  officers  shall  con- 
tinue in  full  force  and  effect  as  though  this  Constitution  had 
not  been  adopted. 

Section  11.  All  county  offices  that  may  become  vacant  dur- 
ing the  year  eighteen  hundred  and  seventy-six  by  the  expiration 
of  the  term  of  the  persons  elected  to  said  offices,  shall  be  filled 
at  the  general  election  on  the  first  Tuesday  in  October  in  the  year 
eighteen  hundred  and  seventy-six,  and,  except  County  Commission- 
ers, the  persons  so  elected  shall  hold  their  respective  offices  for  the 
term  of  one  year. 

Section  12.  The  provisions  of  this  Constitution  shall  be  in 
force  from  the  day  on  which  the  President  of  the  United  States 
shall  issue  his  proclamation  declaring  the  State  of  Colorado  ad- 
mitted into  the  Union;  and  the  Governor,  Secretary,  Treasurer, 
Auditor  and  Superintendent  of  Public  Instruction  of  the  Terri- 
tory of  Colorado  shall  continue  to  discharge  the  duties  of  their 
respective  offices  after  the  admission  of  the  State  into  the  Union 
until  the  qualification  of  the  officers  elected  or  appointed  under 
the  State  government;  and  said  officers,  for  the  time  they  may 
serve,  shall  receive  the  same  compensation  as  the  State  officers 
shall  by  law  be  paid  for  like  services. 

Section  13.  In  case  of  a  contest  of  election  between  candi- 
dates, at  the  first  general  election  under  this  Constitution,  for 
Judges  of  the  Supreme,  District  or  County  Courts,  or  District 
Attorneys,  the  evidence  shall  be  taken  in  the  manner  prescribed 
by  Territorial  law;  and  the  testimony  so  taken  shall  be  certified 
to  the  Secretary  of  State,  and  said  officer,  together  with  the  Gov- 
ernor and  Attorney  General,  shall  review  the  testimony,  and  de- 
termine who  is  entitled  to  the  certificate  of  election. 

Section  14.  The  votes  at  the  first  general  election  under  this 
Constitution  for  the  several  officers  provided  for  in  this  Con- 
stitution who  are  to  be  elected  at  the  first  election  shall  be  can- 
vassed in  the  manner  prescribed  by  the  Territorial  law  for  can- 
vassing votes  for  like  officers.  The  votes  cast  for  Judges  of  the 

23 


706  PROCEEDINGS    OF    THE 

Supreme  and  District  Courts  and  District  Attorneys  shall  be  can- 
vassed by  the  County  Canvassing  Board  in  the  manner  prescribed 
by  the  Territorial  law  for  canvassing  the  votes  for  members  of 
the  General  Assembly;  and  the  County  Clerk  shall  transmit  the 
abstracts  of  votes  to  the  Secretary  of  the  Territory  acting  as 
Secretary  of  State,  under  the  same  regulations  as  are  prescribed 
by  law  for  sending  the  abstracts  of  votes  for  Territorial  officers; 
and  the  aforesaid  acting  Secretary  of  State,  Auditor,  Treasurer, 
or  any  two  of  them,  in  the  presence  of  the  Governor,  shall  proceed 
to  canvass  the  votes,  under  the  regulations  of  Sections  thirty-five 
and  thirty-six  of  Chapter  twenty -eight  of  the  Revised  Statutes  of 
Colorado  Territory. 

Section  15.  Senators  and  members  of  the  House  of  Repre- 
sentatives shall  be  chosen  by  the  qualified  electors  of  the  several 
Senatorial  and  Representative  Districts  as  established  in  this 
Constitution  until  such  Districts  shall  be  changed  by  law;  and 
thereafter  by  the  qualified  electors  of  the  several  Districts  as  the 
same  shall  be  established  by  law. 

Section  16.  The  votes  cast  for  Representatives  in  Congress 
at  the  first  election  held  under  this  Constitution  shall  be  can- 
vassed and  the  result  determined  in  the  manner  provided  by  the 
laws  of  the  Territory  for  the  canvass  of  votes  for  Delegate  in 
Congress. 

Section  17.  The  provision  of  the  Constitution  that  no  Bill 
except  the  General  Appropriation  Bill  introduced  in  either  House 
of  the  General  Assembly  after  the  first  twenty-five  days  thereof, 
shall  become  a  law,  shall  not  apply  to  the  first  session  of  the 
General  Assembly;  but  no  bill  introduced  in  either  House  at  the 
first  session  of  the  General  Assembly  after  'the  first  fifty  days 
thereof,  shall  become  a  law. 

Section  18.  A  copy  of  the  abstracts  of  the  votes  cast  at  the 
first  general  election  held  under  this  Constitution  shall  by  the 
County  Clerks  of  the  several  counties  be  returned  to  the  Secre- 
tary of  the  Territory  immediately  after  the  canvass  of  said  votes 
in  their  several  counties;  and  the  Secretary,  Auditor  and  Treas- 
urer of  the  Territory,  or  any  two  of  them,  shall  on  the  twenty-fifth 
day  after  the  election,  meet  at  the  seat  of  government  and  proceed 
to  canvass  the  votes  cast  for  members  of  the  General  Assembly 
and  determine  the  result  thereof. 

Section  19.  The  General  Assembly  shall,  at  their  first  ses- 
sion, immediately  after  the  organization  of  the  two  Houses  and 
after  the  canvass  of  the  votes  for  officers  of  the  Executive  Depart- 
ment, and  before  proceeding  to  other  business,  provide  by  Act  or 
Joint  Resolution  for  the  appointment  by  said  General  Assembly 
of  electors  in  the  Electoral  College,  and  such  Joint  Resolution  or 
the  Bill  for  such  enactment  may  be  passed  without  being  printed 
or  referred  to  any  Committee,  or  read  on  more  than  one  day  in 
either  House,  and  shall  take  effect  immediately  after  the  concur- 
rence of  the  iwo  Houses  therein,  and  the  approval  of  the  Gover- 
nor thereto  shall  not  be  necessarv. 


CONSTITUTIONAL    (<  t\  VI : \TION. 


707 


Section  LM).  Tin-  General  Assembly  shall  provide  that  af'ler 
the  Near  eighteen  hundred  and  seventy  six  the  electors  of  the  Elec- 
toral ('ollegp  xlmll  he  chosen  by  direct  vote  of  the  people. 

Section  21.  The  General  Assenihly  shall  have  power  at  their 
rirst  session  to  provide  for  the  payment  of  the  expenses  of  this 
Convention,  it'  any  there  be  then  remaining  unpaid. 

Section  22.  All  recognizances,  bail  bonds,  official  bonds  and 
other  obligations  or  undertakings,  which  have  been,  or  at  any 
time  before  the  admission  of  the  State  shall  be  made  or  entered 
into,  and  expressed  to  be  payable  to  the  People  of  the  Territory 
of  Colorado,  shall  continue  in  full  force  notwithstanding  the 
change  in  the  form  of  government,  and  any  breach  thereof,  when- 
ever occurring,  may  after  the  admission  of  the  State  be  prose- 
cuted, in  the  name  of  the  People  of  the  State. 

Done  in  Convention  at  the  City  of  Denver,  Colorado,  the 
fourteenth  day  of  March  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-six;  and  of  the  independence  of  the 
United  States  the  One  Hundredth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 


J.  C.  WILSON,  President. 
II.  P.  H.  BKOMWELL. 
CASIMIRO  BAKELA. 
WM.  E.  BECK. 
GEORGE  BOYLES. 
BYRON  L.  CARR. 
WM.  H.  CUSHMAN. 
NVM.  M.  CLARK. 
A.  D.  COOPER. 
HENRY  R.  CROSBY. 
ROBERT  DOUGLAS. 
FREDERICK  J.  EBERT. 
LEWIS  C.  ELLSWORTH. 
CLARENCE  P.  ELDER. 
WILLARD  B.  FELTON. 
JESUS  Ma.  GARCIA. 
DANIEL  HURD. 
LAFAYETTE  HEAD. 
WM.  H.  JAMES. 


WILLIAM  R.  KENNEDY. 
WILLIAM  LEE. 
ALVIN  MARSH. 
S.  J.  PLUMB. 
GEORGE  E.  PEASE. 
ROBERT  A.  QUILLIAN. 
LEWIS  C.  ROCKWELL. 
WILBUR  F.  STONE. 
WILLIAM  C.  STOVER. 
HENRY  C.  THATCHER. 
AGAPETA  VIGIL. 
W.  W.  WEBSTER. 
GEORGE  G.  WHITE. 
EBENEZER  T.  WELLS. 
P.  P.  WILCOX. 
JOHN  S.  WHEELER, 
.1.  W.  WIDDERFIELD. 
ABRAM  KNOX  YOUNT. 


Attest : 

W.  W.  COULSON, 
Secretary. 

HERBERT  STANLEY, 

First  Assistant  Secretary. 
H.  A.  TERPENING, 

Second  Assistant  Secretary. 

Mr.  Wells  moved  that  the  Constitution  be  read,  which  was 
agreed  to. 


708  PROCEEDINGS    OF    THE 

Mr.  Kennedy  moved  the  adoption  of  the  Constitution  as  re- 
ported by  the  committee. 

And,  the  question  being  upon  the  motion  of  Mr.  Kennedy 
to  adopt  the  Constitution  as  reported  by  the  committee,  and 
being  put,  it  was  decided  in  the  affirmative — ayes,  30;  noes,  0. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  affirma- 
tive are; 

Messrs.  Barela,  Bromwell,  Beck,  Carr,  Clark,  Cooper,  Doug- 
las, Ellsworth,  Elder,  Ebert,  Felton,  Garcia,  Hurd,  James,  Ken- 
nedy, Lee,  Marsh,  Plumb,  Quillian,  Rockwell,  Stone,  Stover, 
Thatcher,  Webster,  White,  Wells,  Wilcox,  Wheeler,  Yount  and 
Mr.  President. 

The  Constitution  was  then  signed  by  the  members  present  in 
the  following  order: 

Messrs.  J.  C.  Wilson,  President;  Bromwell,  Barela,  Beck, 
Carr,  Clark,  Cooper,  Douglas,  Ebert,  Ellsworth,  Elder,  Felton, 
Garcia,  Hurd,  James,  Kennedy,  Lee,  Marsh,  Plumb,  Quillian, 
Stone,  Stover,  Thatcher,  Vigil,  Webster,  White,  Wells,  Wilcox, 
Wheeler,  Widderfield  and  Yount. 

Mr.  Marsh  moved  that  the  Convention  do  now  adjourn  until 
9  o'clock  a.  m.  to-morrow. 

And,  the  question  being  upon  the  motion  of  Mr.  Marsh 
to  adjourn  until  9  o'clock  a.  m.  to-morrow,  and  being  put,  it 
was  decided  in  the  affirmative — ayes,  16;  noes,  6. 

The  ayes  and  noes  being  called  for,  those  voting  in  the  af- 
firmative are: 

Messrs.  Beck,  Clark,  Cooper,  Douglas,  Ellsworth,  Ebert, 
Felton,  James,  Lee,  Marsh,  Plumb,  Kockwell,  Stone,  Stover, 
Yount,  Mr.  President. 

Those  voting  in  the  negative  are: 

Messrs.  Carr,  Quillian,  Thatcher,  Webster,  White,  Wilcox. 

So  the  Convention  concurred  in  the  motion  of  Mr.  Marsh 
to  adjourn  until  9  o'clock  a.  m.  to-morrow. 


CONSTITI  TinNAL    CONVENTION.  TOO 


WEDNESDAY,  MARCH  15TH,  1876,  9  O'CLOCK  A.  M. 

Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  the  Rev.  Mr.  Sanders. 

Roll  called. 

Absent — Messrs.  Boyles,  Crosby,  Douglas,  Ebert,  Garcia, 
Hough,  Head,  James,  Meyer,  Pease,  Rockwell,  Stover,  Vigil,  \ViI- 
cox  and  Widderfield. 

The  Journal  of  preceding  day  was  read  and  approved. 

Mr.  Carr,  of  the  Committee  on  Revisions  and  Adjustments, 
reported  the  various  errors  noted  in  the  Constitution  yesterday 
as  corrected  in  the  enrolled  copies. 

Mr.  Yount,  of  the  Committee  on  Accounts  and  Expenditures, 
presented  the  report  of  that  committee  on  printing  of  the  address 
and  the  Constitution  in  English,  Spanish  and  German: 

Denver,  March  15th,  1876. 

To  the  Honorable  President  and  Constitutional  Convention   of 
Colorado : 

Gentlemen — Your  Committee  on  Accounts  and  Expenditures 
of  Convention,  to  whom  was  referred  the  resolution  of  Mr.  White, 
have  had  the  same  under  consideration  and  have  examined  the 
several  bids  "for  the  printing  of  ten  thousand  (10,000)  copies 
of  the  Constitution  in  English  and  two  thousand  in  Spanish,  with 
the  address." 

We  recommend  that  the  printing  of  the  same  be  awarded 
to  Herman  Beckurts,  he  offering  to  print  ten  thousand  (10,000) 
bound  copies  in  English  for  four  hundred  dollars  ($400),  and 
two  thousand  (2,000)  copies  in  Spanish  for  one  hundred  and 
sixty-five  dollars  ($165),  in  pamphlet  form  of  32  pages,  and  the 
same  proportion  a  page  for  all  over  and  above  32  pages,  he  being 
the  lowest  bidder.  We  also  recommend  that  the  printing  of  one 
thousand  copies  in  German  be  awarded  to  W.  Witteborg  for  the 
amount  of  one  hundred  and  twelve  dollars  ($112),  the  same  to 
be  in  pamphlet  form  of  32  pages.  The  translation  of  the  same 
is  also  awarded  to  Mr.  Witteborg  at  the  rate  of  one-half  dollar 
per  page,  he  being  the  only  bidder.  We  also  recommend  that  the 
translation  of  the  Constitution  in  Spanish  be  awarded  to  C. 
Dominguez  at  one  dollar  and  fifty  cents  per  page  for  (translating) 
and  fifty  cents  per  page  for  proof  reading,  he  being  the  only 
bidder.  A.  K.  YOUNT, 

CASIMIRO  BARELA, 
F.  J.  EBERT, 
WM.  C.  STOVER, 
A.  D.  COOPER. 

On  motion  of  Mr.  White,  the  report  was  received  and 
adopted. 


710  PROCEEDINGS    OP    THE 

Mr.  Carr,  of  the  Special  Committee  appointed  to  confer  with 
the  Auditor  of  the  Territorjr  in  reference  to  the  amount  of  the 
Territorial  appropriation  available  for  the  expenses  of  the  Con- 
vention, submitted  the  following  report  of  that  committee: 
To  the  Honorable  President  and  Members  of  the  Constitutional 

Convention : 

Gentlemen — Your  committee  to  whom  was  committed  the 
duty  of  conferring  with  the  Territorial  Auditor  and  Treasurer 
upon  the  matter  of  payment  of  the  expenses  of  this  Convention, 
respectfully  report  that  they  have  discharged  the  duty  and  sub- 
mit the  following  statement: 

First — We  are  informed  by  said  officers  that  they  have 
taken  counsel  in  relation  to  their  duties  under  the  law,  and  find 
that  they  are  authorized  to  allow  bills  to  the  amount  of  six 
thousand  dollars  only,  and  that  said  amount  must  be  in  payment 
of  bills  contracted  for  during  the  first  sixty-five  days  of  the 
session. 

Second — We  find  that  the  total  expenses  of  the  Conven- 
tion, including  per  diem  and  mileage  of  officers  and  members  for 
sixty-five  days,  is  $23,930.87.  Certificates  to  the  amount  of  $21,- 
016.00  have  already  been  drawn  and  issued  by  the  Convention, 
$20,000.00  of  which  may  be  paid  out  of  the  Congressional  appro- 
priation, and  the  balance,  $1,010.00,  must  be  paid  out  of  the  Ter- 
ritorial appropriation,  and  the  total  incidental  expenses  of  this 
Convention,  amounting  to  $2,914.87,  may  be  paid  from  the  same 
source. 

Third — We  are  informed  by  the  Auditor  that  it  is  his  wish 
that  the  Convention  make  out  a  statement  showing  the  amount 
we  desire  him  to  allow,  not  to  exceed  the  amount  of  six  thousand 
dollars  ($6,000),  showing  the  amounts  to  be  paid  to  each  person, 
and  certified  that  the  labor  wras  performed  or  the  contract  entered 
into  during  the  first  sixty-five  days  of  the  session,  and  that  upon 
such  statement  he  will  draw  his  warrants  for  the  amount. 

On  motion  of  Mr.  Stone,  the  report  was  received  and  adopted. 

Mr.  Beck  offered  the  following  resolution,  which,  on  motion 
of  Mr.  Kenned}7,  was  adopted. 

Resolved,  That  the  thanks  of  this  Convention  are  due  to 
the  members  of  the  press  of  Colorado  generally,  for  the  interest 
manifested  by  them  in  our  proceedings,  and  particularly  to  the 
official  reporter  of  the  Denver  Tribune  for  the  full  and  impartial 
reports  furnished  by  him  and  daily  published  in  the  columns  of 
that  journal. 

Mr.  Carr  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted : 

Resolved,  That  the  President  and  Secretary  of  this  Conven- 
tion are  hereby  instructed  to  issue  certificates  to  the  officers  and 
members  of  this  Convention  for  the  time  occupied  in  excess  of 
the  sixty-five  days  allowed  by  the  General  Assembly,  which  cer- 
tificates shall  express  upon  the  face  thereof  that  the  same  are 


CO.NSTI n  Tio.vM.   CONVENTION.  711 

paxahle  only  nut  «»f  such   future  appropriations  as  may  be  made 
eitlnr  by   the  Stale  or  Territorial    Legislature  nr  by  the   \;itioii;il 

<  'oppress. 

.Mr.  White  <»  HV  red  the  fnl lowing  resolution,  which,  on  his 
own  motion,  was  adopted: 

Resolved,  That  all  members  of  this  Convention  whose  signa- 
ii:us  have  not  been  obtained  to  the  Constitution  lie  authorized 
to  sign  the  same  at  any  time  prior  to  the  first  day  of  July,  A.  D. 
1>7<J,  and  that  the  same  may  be  signed  either  in  person  or  by 
proxy  in  the  presence  of  the  Secretary  of  the  Territory. 

The  Ordiuames,  as  adopted  by  the  Convention  and  reported 
by  the  Committee  on  Enrollment  as  correctly  enrolled,  were  read 
by  the  Secretary  as  follows: 

ELECTION  ORDINANCE. 

In  conformity  with  the  requirements  of  an  act  of  the  Con- 
gress of  the  United  States  entitled  "An  act  to  enable  the  people 
of  Colorado  to  form  a  Constitution  and  State  Government,  and 
for  the  admission  of  said  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States,"  approved  March  3d,  A.  D.  1875, 
on  behalf  and  by  the  authority  of  the  people  of  the  Territory  of 
Colorado,  this  Convention,  assembled  in  pursuance  of  said  en- 
abling act  at  the  City  of  Denver,  the  capital  of  said  Territory, 
on  the  twentieth  day  of  December,  A.  D.  1875,  does  ordain  and 
declare : 

First — That  an  election  shall  be  held  throughout  the  Ter- 
ritory of  Colorado  on  the  first  day  of  July,  in  the  year  eighteen 
hundred  and  seventy-six,  for  the  ratification  or  rejection  of  the 
Constitution  framed  and  adopted  by  this  Convention. 

Second — At  said  election  the  Constitution  formed  and 
adopted  by  this  Convention  shall  be  submitted  to  the  people  of 
the  Territory  for  their  ratification  or  rejection,  and  all  persons 
who  are  then  qualified  electors  under  the  laws  of  the  Territory 
shall  be  qualified  to  vote  upon  the  ratification  or  rejection  thereof. 

Third — Said  election  shall  be  held  at  the  several  places  in 
the  several  wards  and  precincts  throughout  the  Territory  ap- 
pointed for  the  holding  of  the  elections  under  the  laws  of  the 
Territory,  and  shall  be  conducted  in  the  manner  prescribed  by  the 
laws  of  said  Territory  regiilaf  ing  elections.  The  judges  of  elec- 
tions, appointed  under  the  laws  of  the  Territory  in  each  of  said 
wards  and  precincts,  shall  act  as  the  judges  of  said  election,  and 
vacancies  in  the  board  of  judges  of  any  ward  or  precinct  shall 
be  filled  and  clerks  of  election  shall  be  appointed  in  the  manner 
prescribed  by  said  laws.  Provided,  That  no  law  requiring  a 
registration  of  voters  shall  apply  to  said  election,  and  any  quali- 
fied elector  may  at  said  election  vote  at  any  ward  or  precinct  in 
the  Territorv. 


712  PROCEEDINGS   OF    THE 

Whenever  any  person  shall  present  himself  to  vote  at  said 
election,  and  either  of  the  judges  shall  suspect  that  such  per- 
son is  not  a  qualified  elector  of  the  Territory,  or  if  his  vote  shall 
be  challenged  by  any  elector  who  has  previously  voted  at  the 
said  election,  then  before  the  ballot  of  such  person  shall  be  re- 
ceived, he  shall  take  and  subscribe  the  following  oath  or  affirma- 
tion: "You  do  solemnly  swear  (or  affirm)  that  you  are  a  resi- 
dent of county,  in  the  Territory  of  Colorado ;  that  you 

have  resided  in  this  Territory  six  months  immediately  preceding 
this  election;  that  you  have,  to  the  best  of  your  knowledge  and 
belief,  attained  the  age  of  twenty-one  years,  and  have  not  voted 
at  this  election." 

Fourth — Each  elector  voting  at  said  election  shall  deposit 
in  the  ballot  box  a  ticket  whereon  shall  be  printed  or  written 
the  words  "For  the  Constitution"  or  the  words  "Against  the  Con- 
stitution" or  other  equivalent  words. 

Fifth — The  acting  Governor  of  the  Territory  shall,  within 
Thirty  days  after  the  adjournment  of  this  Convention,  issue  his 
proclamation  for  said  election  to  be  held  in  conformity  with 
the  provisions  of  this  Ordinance,  and  the  Secretary  of  the  Terri- 
tory shall,  on  or  before  the  fifteenth  day  of  May,  A.  D.  1876, 
make  out  and  transmit  to  the  sheriff  of  each  county  a  notice  in 
writing  of  said  election,  together  with  a  copy  of  this  Ordinance. 

Sixth — The  votes  cast  at  said  election  for  the  adoption  or 
rejection  of  this  Constitution  shall  be  canvassed  in  the  manner 
prescribed  by  the  laws  of  the  Territory  of  Colorado  for  can- 
vassing the  votes  of  general  elections;  and  the  returns  of  said 
election  shall  be  made  to  the  acting  Governor  of  the  Territory, 
who,  with  the  Chief  Justice  and  the  United  States  Attorney  of 
said  Territory,  or  any  two  of  them,  shall  canvass  the  same,  and 
if  a  majority  of  the  legal  votes  cast  shall  be  for  the  Constitution, 
the  acting  Governor  shall  certify  the  same  to  the  President  of 
the  United  States,  together  with  a  copy  of  said  Constitution  and 
the  Ordinances  adopted  by  this  Convention. 

ORDINANCE. 

In  conformity  with  the  requirements  of  an  act  of  the  Con- 
gress of  the  United  States  entitled  "An  Act  to  Enable  the  Peo- 
ple of  Colorado  to  Form  a  Constitution  and  State  Government 
and  for  the  Admission  of  said  State  into  the  Union  on  an  Equal 
Footing  with  the  Original  States,"  approved  March  3,  A.  D. 
1875,  on  behalf  and  by  the  authority  of  the  Territory  of  Colorado, 
this  Convention,  assembled  in  pursuance  of  said  Enabling  Act 
at  the  City  of  Denver,  the  capital  of  said  Territory,  on  the  twen- 
tieth day  of  December,  A.  D.  1875,  does  ordain  and  declare : 

First — That  perfect  toleration  of  religious  sentiment  shall 
be  secured  and  no  inhabitant  of  said  State  shall  ever  be  mo- 
lested in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 


CONST i TI  TIONAI.   CONTENTION',  713 

Second — That  the  people  inhabit  in*;-  the  Territory  of  Colo- 
rado, by  their  representatives  in  said  Convention  assembled,  do 
a<iree  and  declare  thai  they  forever  disclaim  all  right  and  t  ilk- 
tit  i  he  unappropriated  public  lands  lying  within  said  Territory, 
and  that  the  same  shall  be  and  remain  at  the  sole  and  entire 
disposal  of  the  United  States;  that  the  lands  belonging  to  ihr 
citizens  of  the  United  States  residing  without  said  State  shall 
never  be  taxed  higher  than  the  lands  belonging  to  residents 
thereof,  and  that  no  taxes  shall  be  imposed  by  the  State  on  lands 
<u  property  therein  belonging  to  or  which  may  hereafter  be  pur- 
chased by  the  United  States. 

Third — That  this  Ordinance  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  the  State  of 
Colorado. 

On  motion  of  Mr.  Ellsworth,  the  Ordinances  just  read  were 
ordered  printed  in  the  pamphlet  with  the  Constitution. 

Mr.  Yount,  Chairman  of  the  Committee  on  Accounts  and 
Expenditures  of  Convention,  presented  a  report  of  that  committee, 
as  follows: 

Denver,  March  15,  1876. 
To  the  Honorable  President  and  Constitutional  Convention  of 

Colorado: 

Gentlemen — Your  Standing  Committee  on  Accounts  and 
Expenditures  of  Convention  respectfully  present  the  following 
report,  with  a  statement  and  schedule,  herewith. 

A.  K.  YOUNT, 
WM.  C.  STOVER, 
F.  J.  EBEKT, 
CASIMIRO  BARELA, 
A.  D.  COOPER. 

STATEMENT. 

Audited  Accounts  and  Incidental  Expenses  of  the  Constitutional 
Convention  of  Colorado,  Denver,  March  15,  1876. 

•Ian.  22  Denver  Tribune,  acct.  rendered  to  date $  252.75 

Jan.  25  Denver  Tribune,  for  C.  C.  R.  No.  18 6.75 

Jan.  28  Denver  Tribune,  for  C.  C.  R.  No.  20 13.50 

Feb.    3  Denver  Tribune,  for  C.  C.  R.  No.   24 27.00 

Feb.    3  Denver  Tribune,  for  C.  C.  R.  No.   25 i!0.iT, 

Feb.    4  Denver  Tribune,  for  C.  C.  R.  No.   27 33.75 

Feb.    4  Denver  Tribune,  for  C.  C.  R.  No.   28 r,.7.~> 

Feb.    8  Denver  Tribune,  for  C.  C.  R.  No.  33  and  34.  ..  60.75 

Feb.  15  Denver  Tribune,  for  C.  C.  R.  No.   38 27.00 

Feb.  17  Denver  Tribune,  for  C.  C.  R.  No.   39 6.75 

Feb.  18  Denver  Tribune,  for  C.  C.  R.  No.  40 27.00 

Feb.  20  Denver  Tribune,  for  C.  C.  R.  No.  44,  45,46,47  68.25 

IV1>.  '2:\  Denver  Tribune,  for  C.  C.  R,  No.   50 35.00 

Feb.  24  Denver  Tribune,  for  C.  C.  R.  No.    52 21.00 


714  PROCEEDINGS    OF    THE 

Feb.  28  Denver  Tribune,  for  C.  C.  R.  No.   54 6.75 

Mch.    1  Denver  Tribune,  for  C.  C.  R.  No.   57 40.50 

Men.    1  Denver  Tribune,  for  C.  C.  R.  No.   60 13.50 

Mch.    6  Denver  Tribune,  for  C.  C.  R.  No.  62,  63,  64,  65  138.25 

Men.  10  Denver  Tribune,  for  C.  C.  R.  No.  67  and  66.  .  40.50 

Mch.  10  Denver  Tribune,  for  C.  C.  R.  No.  73,   etc 6.75 

Men.  15  Denver  Tribune,  Enlarging  Journal 15.00 


Denver  Tribune,  Aeet.  of  Printing  as  rendered f      867.75 

Denver  Tribune,  Less  overcharges  of  25  per  cent 216.93 


Denver  Tribune,  acct.  audited  with  corrections $      650.82 

Twelve  Dailies,  8  books,  postage,  etc $     945.90 


Total  account  to  date $  1,596.72 

Bill  for  certificates .  .f         8.00 


|  1,604.72 
1876 

Jan.  10  Daily  Times,  for  C.  C.  R.  No.  7 $  27.23 

Jan.     8  Daily  Times,  for  C.  R.  R.  No.  8 5.96 

Jan.  20  Daily  Times,  for  C.'C.  R.  No.  17 37.23 

Jan.  25  Daily  Times,  for  C.  C.  R.  No.  1!) 24.57 

Jan.  29  Daily  Times,  for  C.  C.  R.  No.  21 56.61 

Feb.    2  Daily  Times,  for  C.  C.  R.  No.  26 8.14 

Feb.     7  Daily  Times,  for  C.  C.  R.  No.  29 4.98 

Feb.    7  Daily  Times,  for  C.  C.  R.  No.  30 4.79 

Feb.    9  Daily  Times,  for  C.  C.  R.  No.  36 .  17.24 

Feb.    9  Daily  Times,  for  C.  C.  R.  No.  37 12.76 

Feb.  17  Daily  Times,  for  C.  C.  R.  No.  41 6.85 

Feb.  17  Daily  Times,  for  C.  Q.  R.  No.  42 4.35 

Feb.  22  Daily  Times,  for  C.  C.  R.  No.  48 32.41 

Feb.  23  Daily  Times,  for  C.  C.  R.  No.  51 23.23 

Feb.  26  Daily  Times,  for  C.  C.  R.  No.  53 12.89 

Mch.    2  Daily  Times,  for  C.  C.  R.  No.  59  and  (M 71.10 

Mch.    9  Daily  Times,  for  C.  C.  R.  No.  67  and  69 26.96 

Mch.  13  Daily  Times,  for  C.  C.  R.,  and  presswork 82.38 

Jan.     8  Daily  Times,  Rules,   etc 100.00 


559.68 

Jan.  8  Daily  Times,  acct.  for  Printing  as  rendered, 
$559.68,  less  overcharges  of  25  per  cent. 
|139.92;  amount  awarded,  with  correc- 
tions .  419.76 


Amount  forward f  2.016.48 


CONSTITUTIONAL    CONVKMloN.  715 

Jan.  '2*2      Rocky    Mountain    \c\\s.    I'm-    ( '.    < '.    K.'s    and 

Printing  Letter  Heads $     1:511. «;:i 

1-Y1>.     5      Rocky    Mountain    News,   for   1      copy     of     Re 

vi*ed   Statutes '. 10.00 

Feb.     7     Rocky  .Mountain  News,  for  paper,  press  work, 

composition 34.38 

Ft1!).     8     Rocky  Mountain  X<-\vs,  for  paper,  press  work. 

composition 30.09 

Feb.    9     Rocky   Mountain  News,  for       paper,       press 

work,  composition 20.46 

Feb.  2:!     Rocky  Mountain  News,  f or  C.  C.  R.  43  and  49          35.08 

Feb.  2S     Rocky  Mountain  News,  for  200     Certificates 

of  services  of  members 8.00 

Feb.  29     Rocky  Mountain  News,  for  C.  C.  R.    No.      59, 

composition 42.62 

Meli.     2     Rocky  Mountain  News,  for  C.  C.  R.  58,  press 

work,  etc 52.95 

Mch.    6     Rocky  Mountain  News,  for  250  sheets  Parch- 
ment              20.00 

Mch.    s     Rocky  Mountain  News,  for  C.  C.  R.  and  com- 
position             10.35 

-Mch.  10     Rocky  Mountain  News,  for  C.  C.  R.   No.    TO, 

composition   23.69 


418.31 

Rocky  Mountain  News,  account  of  Printing  as  rendered, 
$418.31,  less  overcharges  of  25  per  cent.,  $104.57; 
account  awarded  with  corrections.  . .  :n:>.74 


Total  expense  of  printing $  2,330.22 

MISCELLANEOUS  ACCOUNTS. 

Londoner  &  Bro.,  buckets,  December  23 $  1.00 

Chas.  Kussig,  locks,  etc.,  December  23 3.55 

Miller  and  Hyat,  locks  and  latdier,  December  23 4.25 

Daniels  and  Co.,  lamps,  chimneys,  etc.,  February  5....  20.80 

Hollidiiy  and   Heinirack,  oils,  etc.,  February  7 ll'.T.") 

A.  II.  Harker,  Sergeant-at-Arms,  February  10 1.40 

W.  H.  Pierce,  coal  account,  February  29 :',(). no 

John  Stewart,  coal,  March  1, s.~>o 

(Jriflin    Coal    Company,   wood.    March   2 6.00 

Daniels,  Fisher  &  Co.,  towels,  muslin,  etc 3:00 

\V.   H.  Stone,  removing  ashes 2.00 

Chain   &  Hardy,  stationery,  etc 8.10 

R.  A.  Kirker,  for  t*ostofflce  pent.,  L'.nn 


Total    incidental    expenses $      103.85 


716  PROCEEDINGS    OF    THE 

Richards  &  Co.,  stationery  acct.  as  rendered,  $601.00; 

less  overcharges,  20  per  cent.,  $120.00 $  480.80 

Total  printing  account  brought  forward 2,330.22 

Rocky  Mountain  News  for  bill  L.  C.  Rockwell, 

March  15   .  14.20 


See  recapitulated  statement $  2,929.07 

Per  diem  of  members  and  officers  of  the  Constitutional 

Convention  of  Colorado,  inclusive,  from  23d  day  of 

February  to  15th  day  of  March,  A.  D.  1876 : 
Casimiro  Barela,  by  21  days'  service  as  member,  at  $6.00.  .$126.00 

George  Boyles,  by  21  days'  service  as  member,  at  $6.00 126.00 

H.  P.  H.  Brornwell,  by  21  days'  service  as  member,  at 

$6.00 126.00 

W.  E.  Beck,  by  21  days'  service  as  member,  at  $6.00. . .  126.00 

Byron  L.  Carr,  by  21  days'  service  as  member,  at  $6.00 .  .  126.00 
"Win.  H.  Cushman,  by  21  days'  service  as  member,  at 

$6.00 126,00 

Wm.  M.  Clark,  by  21  days'  service  as  member,  at  $6.00  126.00 

A.  D.  Cooper,  by  21  days'  service  as  member,  at  $6.00.  .  126.00 

H.  B.  Crosby,  by  21  days'  service  as  member,  at  $6.00. .  126.00 

Robert  Douglas,  by  21  days'  service  as  member,  at  $6.00  126.00 

L.  C.  Ellsworth,  by  21  days'  service  as  member,  at  $6.00  126.00 

E.  P.  Elder,  by  21  days'  service  as  member,  at  $6.00 126.00 

T.  J.  Ebert,  by  21  days,  service  as  member,  at  $6.00 126.00 

W.  B.  Feltonf  by  21  days'  service  as  member,  at  $6.00.  .  126.00 

J.  M.  Garcia,  by  21  days'  service  as  member,  at  $6.00 126.00 

Daniel  Hurd,  by  21  days'  service  as  member,  at  $6.00. .  126.00 

J.  S.  Hough,  by  21  days'  service  as  member,  at  $6.00.  . .  126.00 

Lafayette  Head,  by  0  days'  service  as  member,  at  $6.00 . .  000.00 

Wm.  H.  James,  by  21  days'  service  as  member,  at  $6.00  126.00 

Wm.  R.  Kennedy,  by  21  days'  service  as  member,  at  $6.00  126.00 

Wm.  Lee,  by  21  days'  service  as  member,  at  $6.00 126.00 

Alvin  Marsh,  by  21  days'  service  as  member,  at  $6.00.  . .  126.00 

Wm.  H.  Meyer,  by  00  days'  service  as  member,  at  $6.00.  000 

S.  J.  Plumb,  by  21  days'  service  as  member,  at  $6.00 126.00 

George  E.  Pease,  by  21  days'  service  as  member,  at  $6.00  126.00 
Robert  A.  Quillian,  by  21  days'  service  as  member,  at 

$6.00 126.00 

L.  C.  Rockwell,  by  0  days'  services  as  member,  at  $6.00 . .  000.00 

H.  C.  Thatcher,  by  21  days'  service  as  member,  at  $6.00.  126.00 

Agipeto  Vigil,  by  21  days'  service  as  member,  at  $6.00. .  126.00 

W.  W.  Webster,"  by  21  days'  service  as  member,  at  $6.00  126.00 

G.  G.  White,  by  21  days'  service  as  member,  at  $6.00.  . .  126.00 

E.  T.  Wells,  by  21  days'  service  as  member,  at  $6.00.  . .  126.00 

P.  P.  Wilcox,  by  21  days'  service  as  member,  at  $6.00.  .  126.00 

J.  S.  Wheeler,  by  21  days'  service  as  member,  at  $6.00. .  126.00 
J.  W.  Widderfield,  by  21  days'  service  as  member,  at 

$6.00    126.00 

A.  K.  Yount,  by  21  days'  service  as  member,  at  $6.00 126.00 


CONSTITUTIONAL   CONVENTION.  717 

.1.  <  .  Wilson,  l.v  i'l  (hi  vs'  service  as  member,  at  $10.00. .  210.00 

W.  \V.  Coulson,  by  21  days'  service  as  officer,  at  $8.00. .  168.00 
Herbert  Stanley,  First  Asst.  Sec.,  by  36  days'  service,  at 

$5.00  180.00 

II.  A.  Terpening,  Second  Asst.  and  Heading  Clerk,  36 

days'  service,  at  $5.00 180.00 

Fred  K.  Stanton,  Engrossing  and  Enrolling  Clerk,  by  21 

days'  service,  at  $5.00 105.00 

R.  A.  H.  Barker,  Sergeant-at-Arms,  by  25  days'  service  at 

$5.00 125.00 

K.  A.  Kirker,  Postmaster  and  Convention  Clerk,  by  21 

days'  service,  at  $5.00 105.00 

W.  H.  Sauls-bury,  Engrossing  Clerk,  by  16  days'  service, 

at  $5.00  80.00 

C.  Dominquez,  Interpreter,  by  21  days'  service,  at  $7.00.  147.00 
Andrew  Schmidt,  Door-keeper,  by  21  days'  service,  at 

$5.00  105.00 

G.  Pando,  Fireman,  by  21  days'  service,  at  $5.00 105.00 

Clay  Forbes,  Janitor,  by  21  days'  service,  at  $5.00 105.00 

Willie  McCord,  Page,  by  21  days'  service,  at  $5.00 105.00 

Robert  Frreaz,  Page,  by  21  days'  service,  at  $5.00 105.00 

W.  F.  Stone,  by  21  days  as  member,  at  $6.00 126.00 

W.  C.  Stover,  by  21  days'  service,  at  $6.00 126.00 


$6,165.00 
RECAPITULATED  STATEMENT. 

Debits. 

Certificates  issued  for  per  diem  for  65  days. $19,622.00 

Mileage  of  members  due  from  Auditor 1,394.00 

Awarded  accounts,  printing,  stationery,  etc.     2,929.07 


Total  expense  for  session  of  65  days. .  .$29,945.01 
Credit. 

Congressional  appropriation   $20,000.00 

Territorial  appropriation   6,000.00 

Credit  balance  65  days'  session $  2.054.93 


$26,000.00  $26,000.00 
By  balance 2,054.93 


Debits. 
To  schedule  of  per  diem  of  members  and  offi- 


cers for  21  days  to  date,  March  15,  1876.$  6.165.00 

Debit  balance 4,110.07 


$  6,165.00  $  6.165.00 
To  balance  amount  not  provided  for.  .  .$  4.110.07 


718  PROCEEDINGS    OF    THE 

In  the  above  statement  the  amount  of  the  bill  presented  by 
the  city  of  Denver,  of  $781.75,  is  not  awarded  and  is  respectfully 
referred  to  the  Convention  for  consideration. 

On  motion  of  Mr.  Kennedy,  the  report  was  received. 

Mr.  Stone  offered  the  following  resolutions,  which,  on  his 
own  motion,  were  adopted : 

Resolved,  That  the  President  of  the  Convention  be  in 
structed  to  request  the  Hon.  John  Taffe,  Secretary  of  Colorado 
Territory,  to  pay  out  of  the  Congressional  appropriation  of 
$20,000,  for  such  purpose,  the  several  amounts  certified  to  be 
due  to  members  of  the  Convention  for  per  diem  and  mileage 
for  the  first  sixty-five  days  of  the  session;  and  also  the  per  diem 
of  'the  clerks,  to  be  allowed  pay  by  the  provisions  of  the  act 
of  Congress  relating  thereto  during  the  time  aforesaid;  such 
payment  to  include  the  certificates  for  seventy-five  dollars  each 
to  members  first  issued  and  now  held  by  the  various  banks  01 
the  city  of  Denver. 

Resolved,  further,  That  the  President  of  the  Convention 
be  further  directed  to  issue  certificates  based  upon  the  report 
of  the  Committee  on  Accounts  and  Expenditures  of  the  Conven- 
tion, in  favor  of  the  several  persons  entitled  to  pay  for  services, 
and  for  materials  furnished  the  Convention,  and  contingent  ex- 
penses; and  setting  forth  in  such  certificates,  directed  to  the 
Auditor  of  the  Territory  of  Colorado,  that  the  said  several  sums 
in  said  certificates  are  due  for  expenses  accruing  within  the  first 
sixty-five  days  of  the  session  of  the  Convention  and  to  be  paid 
out  of  the  Legislative  fund  appropriated  therefor. 

Mr.  Beck  offered  the  following  resolution,  which,  on  his  own 
motion,  was  adopted : 

Resolved,  That  T.  J.  Stanton,  Esq.,  Engrossing  and  Enroll 
ing  Clerk  of  this  Convention,  be  allowed  for  extra  services  ren- 
dered by  him  in  the  performance  of  night  labor  in  the  engross- 
ment and  enrollment  of  the  Constitution,  the  sum  of  twenty-five 
dollars. 

W.  E.  BECK. 

On  motion  of  Mr.  Crosby,  the  Convention  adjourned  until  2 
o'cJock  p.  m.  

2  O'CLOCK  P.  M. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

Absent — Messrs.  Boyles,  Beck,  Cushman,  Crosby,  Douglas. 
Ebert,  Garcia,  IJurd,  Hough,  Head,  James,  Kennedy,  Meyer, 
Pease,  Rockwell,  Stone,  Stover,  Thatcher,  Vigil,  White,  Wilcox 
Wheeler  and  Widderfield. 

On  motion  of  Mr.  Carr,  a  call  of  the  Convention  was  or- 
dered. 


CONSTITUTIONAL  ,-..: NVKNTION.  719 

The  Secretary  having  called  tin*  roll.  Messrs.  ( 'usliman, 
Fbert.  (Jarcia.  Ilurd.  Kenned y.  Stone,  Thatcher,  White  and 
Wheeler  having  appeared  and  taken  tlioir  seats,  on  motion  of 
.Mi-.  Felton,  I'lirther  |>i  oceedings  under  the  call  of  the  Conven- 
tion were  dispensed  with. 

Mr.   Felt  on  offered   the  following  resolution  and  moved  its 

;;do|.t  ion  : 

Whereas.  Twelve  days'  proceedings  of  this  Convention  are 
as  vet  unrecorded  in  the  .Journal;  and, 

When-as.  Alter  those  proceedings  have  been  recorded,  it  will 
he  the  duly  of  the  Secretary  to  record  the  Constitution  in  full  in 
the  Journal;  therefore,  be  it 

Resolved,  That  the  Secretary  of  this  Convention  be  instructed 
to  complete  the  Journal,  and  when  completed  to  deposit  it,  to- 
gether with  such  other  records  or  papers  belonging  to  this  Con- 
vention as  he  may  have  in  his  possession,  with  the  Secretary  of 
the  Territory;  and, 

Resolved,  That  as  compensation  for  the  above  mentioned 
labor.  W.  W.  Coulson,  Secretary  of  this  Convention,  shall  be  en- 
tithd  to  receive  pay  for  twenty  (20)  days  at  the  rate  allowed 
by  law. 

Mr.  Yount  moved  to  amend  the  resolution  offered  by  Mr. 
Felt  on  by  striking  out  the  words  "pay  for  twenty  (20)  days,  at 
the  rate  allowed  by  law,"  and  inserting  in  lieu  thereof  the  words 
"the  sum  of  one  hundred  dollars,"  which  was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
.Mr.  Yount. 

And  the  question  being  upon  the  motion  of  Mr.  Felton  to 
adopt  the  resolution  as  amended,  it  was  decided  in  the  affirmative. 

So  the  Convention  adopted  the  resolution  offered  by  Mr. 
Felton  as  amended. 

On  motion  of  Mr.  Plumb,  the  report  of  the  .Committee  on 
Accounts  and  Expenditures  of  Convention  was  adopted. 

.Mr.  Carr  moved  that  Mr.  Charles,  Territorial  Auditor,  be 
permitted  to  explain  to  the  Convention  the  manner  in  which  he 
will  audit  the  accounts  and  expenditures  incurred  by  the  Con- 
vention, which  was  agreed  to.  And  Mr.  Charles  then  made  said 
explanation. 

On  motion  of  Mr.  Carr,  the  President  and  Secretary  were 
instructed  to  certify  to  the  Territorial  Auditor  the  amounts  of 
I  he  various  expenditures  incurved  by  the  Convention  for  print- 
ing and  other  expenses,  before  the  expiration  of  the  first  sixty- 
live1  days  of  the  session  of  the  Convention, 

Mr.  Stone  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted: 

Resolved,  That  in  addition  to  the  three  clerks  mentioned  in 
the  resolution  directing  to  be  paid  out  of  the  Congressional  fund, 
one  other  clerk  be  paid  out  of  the  same  fund,  in  accordance  with 


720  PROCEEDINGS    OF    THE 

the  number  of  clerks  allowed  pay  in  the  General  Asesinbly  by 
Congress;  that  the  said  four  clerks  so  directed  to  be  paid  out 
of  the  Congressional  fund  include  Chief  Clerk  Coulson  and  As- 
sistant Clerk  Stanley,  Engrossing  Clerk  Terpening  and  Enroll- 
ing Clerk  Stanton. 

Mr.  White  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted: 

Resolved,  That  the  first  assistant  and  second  assistant 
clerks  each  receive  seventy-five  dollars  for  extra  services. 

Mr.  Bromwell  offered  the  following  resolution,  which,  on 
his  own  motion,  was  adopted: 

Resolved,  That  any  contract  made  for  printing  the  Consti- 
tution and  Address  be  payable  out  of  the  appropriation  made  by 
the  Legislature  of  this  Territory  and  not  from  the  fund  appro- 
priated by  Congress;  and  that  all  proposals  for  such  printing 
must  be  understood  as  being  payable  from  the  Legislative  fund. 

On  motion  of  Mr.  Quillian,  that  part  of  the  report  of  the 
Committee  on  Accounts  and  Expenditures  referring  to  the  ac- 
count of  the  city  of  Denver  was  taken  from  the  table. 

Mr.  White  moved  that  the  Convention  audit  the  account 
by  allowing  one-half  the  amount  charged  for  the  purchase  of 
new  articles;  said  articles  being  allowed  to  remain  as  the  prop- 
erty of  the  city  council,  and  the  remaining  charges  being  paid 
in  full.  » 

Mr.  Yount  offered  the  following  as  a  substitute  for  the  mo- 
tion of  Mr.  White: 

"That  the  city  council  of  the  city  of  Denver  be  allowed  f 500 
for  the  use  of  the  hall  and  committee  rooms,  etc.,  and  that  the 
articles  procured  by  the  city  council  remain  in  their  possession 
as  the  property  of  the  city  of  Denver." 

Mr.  Felton  moved  to  amend  the  substitute  offered  by  Mr. 
Yount,  by  striking  out  "$500"  and  inserting  in  lieu  "f  600,"  which 
was  agreed  to. 

So  the  Convention  concurred  in  the  amendment  offered  by 
Mr.  Felton  to  the  substitute  offered  by  Mr.  Yount. 

Mr.  Cooper  moved  to  amend  the  motion  of  Mr.  White  by 
allowing  the  whole  of  the  account  presented  by  the  city  council 
of  the  city  of  Denver,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Cooper. 

The  question  then  recurring  on  the  motion  of  Mr.  Yount  to 
adopt  the  substitute  offered  by  him  as  amended  by  Mr.  Felton, 
and  being  put,  it  was  decided  in  the  affirmative. 

So  the  Convention  adopted  the  substitute  offered  by  Mr. 
Yount,  as  amended  by  Mr.  Felton. 

Mr.  Felton  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted: 


CONSTITI  TIONAL    CONTENTION.  721 

Eteaofred,  Thai  the  Secretary,  forthwith  on  the  adjournment 
of  the  Convention,  make  a  full  inventory  of  UK-  1'imiiimv  ;m<l 
other  property  on  hand  which  was  purchased  by  the  city  of  Den 
ver  for  the  use  of  the  Convention,  and  deliver  one  copy  thereof 
10  i In-  riiv  clerk  of  the  city  of  Denver  and  one  copy  thereof  to 
the  Sr !••;•«; m t-at-Arms;  and  that  the  Sn-»vanl-at-Arins,  immedi- 
ately after  the  completion  of  the  inventory,  take  charge  of  such 
property.  and,  as  soon  as  possible,  mm  the  same  over  to  the 
proper  authorities  of  the  city  of  Denver. 

Mr.  Wells  offered  the  following  resolution,  which,  on  his 
own  motion,  was  adopted: 

Resolved,  That  the  Secretary  make  a  complete  inventory 
of  the  stationery  and  other  property  remaining  on  hand  per- 
taining to  this  Convention  and  deliver  one  copy 'of  said  inven- 
tory to  the  Treasurer  of  the  Territory  and  the  other  to  the  Ser- 
geant-at-Arms;  that  the  Sergeant-at-Arms  be  instructed  to  sell 
and  dispose  of  said  property  at  the  best  price  which  can  be  ob- 
tained, and  turn  over  the  proceeds,  with  accounts  of  sales,  to  the 
Treasurer  of  the  Territory. 

On  motion  of  Mr.  Felton,  the  Sergeant-at-Arms  was  al- 
lowed four  days'  extra  pay  for  his  trouble  in  carrying  out  the 
instructions  contained  in  the  two  last  resolutions. 

Mr.  Cooper  moved  that  the  Secretary  be  allowed  two  days' 
extra  pay  as  compensation  for  carrying  out  the  instructions  con- 
tained in  the  two  last  resolutions,  which  was  not  agreed  to. 

So  the  Convention  refused  to  concur  in  the  motion  of  Mr. 
Cooper. 

On  motion  of  Mr.  Yount,  a  bill  of  $800,  presented  by  the 
proprietors  of  the  Denver  Tribune  for  printing  certificates,  was 
allowed  and  a  certificate  for  the  amount  ordered  to  be  issued 
for  the  amount. 

The  business  of  the  Convention  being  disposed  of,  the  Pres- 
ident addressed  the  Convention. 

Prayer  was  offered  by  the  Reverend  Mr.  Sturtevant. 

The  Journal  of  this  day  was  then  approved,  and  the  Presi- 
dent declared  the  Convention  adjourned  without  day. 

So  the  Convention  adjourned  at  4:15  p.  m. 

\Y.  W.  COULSON, 

Secretary. 


ADDRESS  TO  THE  PEOPLE. 

«ii:  \KRAL  SURVEY. 

Your  Representatives,  in  convention  assembled,  under  the 
provisions  of  an  Act  of  Congress,  approved  March  3,  A.  D. 
1ST."),  for  the  purpose  of  framing  a  Constitution  for  the 
Siato  of  Colorado,  have  completed  the  work,  and  herewith 
submit  the  result  of  their  labors  for  your  adoption  or  rejection. 
The  task  was  an  arduous  one,  requiring  a  session  of  eighty-six 
days,  during  which  time  the  Convention  labored  assiduously  to 
frame  a  fundamental  law,  wise  and  wholesome  in  itself,  and 
which  would  be  adapted  to  the  general  wants  of  the  people. 

In  a  work  of  such  magnitude,  where  the  interests  are  so 
varied  and  extensive,  it  is  to  be  expected  that  errors  would  creep 
in,  and  omissions  pass  unnoticed;  but,  upon  the  whole,  we  believe 
it  contains  not  only  all  of  the  primitive  rights  guaranteed  in  our 
National  Constitution,  but  most  of  those  reformatory  measures 
which  the  experience  of  the  past  century  has  proven  to  be  wise 
and  judicious. 

The  end  sought  to  be  accomplished  was  to  secure  a  just  and 
economical  administration  of  the  Departments  of  State,  and,  with 
this  purpose  in  view,  especial  effort  was  made  to  restrict  the 
powers  of  the  Legislative  Department,  by  making  all  laws  general 
and  of  uniform  operation ;  to  establish  uniformity  in  the  judicial 
department — thereby  furthering  the  ends  of  justice;  to  prevent 
the  corruption  of  public  officials;  to  provide  for  the  safe  keeping 
of  all  public  funds,  and  to  protect  the  people  from  unjust  monopo- 
lies, and  the  oppression  consequent  upon  the  voting  of  bonds  and 
other  kinds  of  indebtedness  to  corporations. 

But,  believing  that  your  interest  in  the  instrument  now  sub- 
mitted for  your  consideration  will  lead  you  to  give  it  a  personal 
examination,  and  that  you  may  be  able  to  form  a  clear  and  cor- 
rect opinion  regarding  its  merits,  your  careful  attention  is  in- 
vited to  some  of  the  prominent  features  of  the  different  articles, 
which  we  think  must  meet  your  approval. 

BILL  OF  RIGHTS. 

Ill  this  article  the  usual  guaranties  of  national  and  civil 
rights  have  been  retained,  and  to  the  end '  that  more  power 
should  be  reserved  to  the  people,  it  is  further  declared  that 
the  General  Assembly  shall  make  no  irrevocable  grants  of 
special  privileges  or  immunities;  that  private  property  shall 
not  be  taken  or  damaged  for  public  or  private  use  without  just 
compensation  previously  made  to  the  owner  thereof,  or  paid  into 


724  ADDRESS    TO    THE    PEOPLE. 

court  for  his  use;  that  no  preference  shall  be  given  by  law  to 
religious  denominations;  that  right  and  justice  shall  be  admin- 
istered without  sale,  denial  or  delay;  that  aliens,  who  are  bona 
fide  residents  of  the  State,  shall  acquire,  inherit,  possess  and  en- 
joy property  to  the  full  extent  as  if  native  born  citizens.  The 
grand  jury  system  has  been  so  modified  as  to  make  a  grand  jury 
consist  of  twelve  men  instead  of  twenty-three — any  nine  of  whom 
concurring  may  find  a  bill,  and  the  question  whether  it  may  not 
be  abolished  altogether  is  left  to  the  Legislature.  The  petit  jury 
system  has  been  so  modified  as  to  permit  the  organization  of  a 
jury  of  less  than  twelve  men  in  civil  cases,  thereby  materially  re- 
ducing the  expenses  of  our  courts.  The  right  of  trial  by  jury  in 
all  criminal  cases  has  been  preserved,  and  for  the  purpose  of 
protecting  witnesses  in  criminal  prosecutions,  and  that  the  ac- 
cused may  always  meet  the  witnesses  against  him  face  to  face, 
we  have  provided  for  the  taking  of  depositions  before  some  Judge 
of  the  Supreme,  District  or  County  Court,  which  can  be  used  upon 
trial  of  the  cause  when  the  personal  attendance  of  the  witness 
can  not  be  obtained. 

EXECUTIVE  DEPARTMENT. 

The  term  of  office  of  the  Governor  and  other  State  officers  is 
fixed  at  two  years,  thereby  giving  the  people  frequent  opportuni- 
ties to  correct  the  administration  of  affairs  in  this  department. 

It  is  made  the  duty  of  all  the  State  officers  to  keep  an  account 
of  all  moneys  received  or  disbursed  by  them,  while  the  Treasurer 
is  required  to  furnish  the  Governor  a  quarterly  statement  under 
oath,  of  all  moneys  in  his  hands  and  the  place  where  kept  or  de- 
posited, which  statement  is  to  be  published  for  the  information 
of  the  people.  The  Governor  is  required  to  transmit  these  state- 
ments to  the  General  Assembly  when  called  for,  thus  enabling  the 
representatives  of  the  people  to  expose,  or  by  suitable  laws  pre- 
vent extravagance  and  frauds;  and  that  the  people  may  always 
have  a  proper  understanding  of  the  financial  condition  of  the 
State,  the  Governor,  upon  the  meeting  of  the  General  Assembly,  is 
required  to  furnish  to  that  body  a  full  and  correct  statement  of 
the  expenses  of  the  State,  as  well  as  an  estimate  of  the  revenue 
derived  from  all  sources. 

The  Governor  is  given  the  power  to  remove  all  officers  by  him 
appointed,  for  misconduct  or  malfeasance  in  office;  he  is  also 
empowered  to  grant  pardons,  subject,  however,  to  such  regula- 
tions for  the  application  of  the  same  as  may  be  provided  by  law, 
and  in  all  cases  when  a  pardon  is  granted,  he  is  required  to  send 
the  reason  for  granting  the  same  to  the  General  Assembly. 

As  an  additional  check  upon  ill-advised  legislation,  a  ma- 
jority of  two-thirds  of  all  the  members  of  each  House  is  required 
to  pass  a  bill  over  the  veto  of  the  Governor. 

The  office  of  Lieutenant  Governor  is  created,  thereby  giving 
the  state  the  benefit  of  an  officer  elected  by  the  people  to  fill  any 
vacancy  that  might  occur  in  the  office  of  Governor;  he  is  also 


ADDRESS   TO   THE    PEOl'i  i:.  7L'.~» 

made  the  presiding  officer  in  the  State  Senate,  and  has  the  ma- 
jority vote  in  that  body  in  case  of  a  tic. 

All  the  State  officers  aro  paid  by  salaries  for  their  services,, 
and  are  required  to  pay  into  the  treasury  all  fees  by  them  col- 
lected in  their  respective  offices. 

LEGISLATING:  DKI-AKTM I:NT. 

The  General  Assembly  is  required  to  meet  once  in  two  years, 
and  is  limited  to  a  session  of  forty  days,  after  the  first  Legisla- 
ture under  the  State.  The  term  of  office  of  the  Senators  is  fixed 
at  four  years;  that  of  the  Representative  at  two.  For  the  first 
session  the  compensation  of  the  members  of  the  General  Assembly 
is  fixed  at  four  dollars  per  day,  and  thereafter  as  may  be  pro- 
vided by  law.  No  member  of  the  General  Assembly  shall,  during 
his  term  of  office,  receive  any  increase  of  salary,  or  mileage,  above 
that  allowed  at  the  time  of  his  election. 

The  evils  of  local  and  special  legislation  being  enormous,  the 
passage  of  any  law  not  general  in  its  provisions  is  prohibited— 
thus  saving  the  State  from  expenses  usually  incurred  in  passing 
and  publishing  laws  secured  by  combinations  to  advance  private 
interests,  and  to  create  dangerous  monopolies. 

To  afford  protection  from  hasty  legislation,  it  is  required 
that  all  bills  shall  be  printed;  that  only  one  subject  shall  be  em- 
braced in  each  bill,  which  shall  be  clearly  expressed  in  its  title; 
that  it  shall  be  read  on  three  different  days  in  each  house  before 
being  passed,  and  that  no  bill  shall  be  introduced,  except  for  the 
general  expenses  of  the  government,  after  the  first  twenty-five 
days  of  the  session. 

\\ V  invite  your  special  attention  to  Section  Twenty-five  of  the 
article  on  legislation,  wherein  are  enumerated  the  many  cases  in 
which  the  General  Assembly  is  prohibited  from  passing  any  local 
or  special  laws. 

To  provide  against  extravagance  we  have  prohibited  the 
passing  of  any  law  giving  extra  compensation  to  any  public 
officer,  servant,  agent  or  employe,  after  services  rendered,  without 
previous  authority  of  law ;  nor  is  any  officer  of  the  State  to  be  in 
any  way  interested  in  any  contracts  or  awards  by  which  the  legis- 
lative and  other  departments  of  government  are  furnished  with 
stationery,  printing,  paper  and  fuel. 

It  is  further  provided  that  no  appropriation  shall  be  made 
to  any  denominational,  sectarian  or  any  other  institution  not 
under  the  absolute  control  of  the  State. 

Attention  is  also  directed  to  sections  Twenty-seven  and 
Twenty -eight,  providing  against  the  corruptions  heretofore  com- 
plained of  in  legislative  bodies,  and  prescribing  punishments 
therefor. 

JUDICIARY. 

Radical  changes  have  been  made  in  the  judicial  sys- 
tem, to  meet  the  imperative  demands  of  our  rapidly  increasing 


726  ADDRESS    TO    THE    PEOPLE. 

population.  As  at  present  constituted  our  courts  are  wholly 
inadequate  to  the  transaction  of  the  business  brought  before 
them.  The  consequence  is,  causes  accumulate  on  the  dockets, 
and  are  continued  from  term  to  term  both  in  the  District  Courts 
and  in  the  Supreme  Court,  causing  expensive  and  ruinous  delays 
to  parties  litigant,  and  when  reached  for  disposal  sufficient  time 
and  attention  can  not  be  devoted  to  their  consideration  to  render 
the  same  satisfactory  to  either  courts  or  litigants.  To  correct 
these  evils  an  additional  judicial  district  is  provided,  with  an  ad- 
ditional district  judge,  making  four  instead  of  three  judicial  dis- 
tricts. This  will  enable  the  District  Courts  to  dispose  of  business 
with  proper  consideration  and  dispatch  for  several  years,  and 
the  General  Assembly  is  permitted  to  increase  the  number  of 
judicial  districts  and  the  number  of  judges  after  the  year  1880. 

The  District  Courts  are  invested  with  original  jurisdiction  to 
hear  and  determine  all  controversies  in  behalf  of  the  people,  con- 
cerning the  rights,  duties  and  liabilities  of  railroad,  telegraph 
and  toll  road  companies  or  corporations.  A  Supreme  Court,  com- 
posed of  different  judges  from  those  of  the  District  Courts,  is 
created.  This  court  will  have  three  judges,  and  as  constituted 
will  obviate  the  objections  long  entertained  and  frequently  ex- 
pressed against  our  present  system,  by  which  the  same  judge  who 
presides  over  the  trial  of  a  cause  in  the  District  Court,  sits  in 
review  of  his  own  decision  in  the  Supreme  Court.  The  Supreme 
Court  will  now  be  better  enabled  to  fully  and  impartially  investi- 
gate and  properly  decide  all  causes  brought  before  it,  and  to  write 
out  carefully  prepared  and  creditable  opinions  in  all  causes  heard 
and  determined  by  it. 

Experience  having  shown  frequent  changes  of  the  judiciary 
to  be  unwise  and  detrimental  to  the  public  interest,  long  terms 
are  prescribed  for  the  judges  of  these  courts.  The  judges  of  the 
District  Courts  will  be  elected  for  six,  and  those  of  the  Supreme 
Court  for  nine  years. 

Instead  of  Probate  Courts,  County  Courts  are  created  for 
every  county,  with  probate  jurisdiction,  and  such  civil  and  crim 
inal  jurisdiction  as  may  be  prescribed  by  law,  their  civil  jurisdic- 
tion being  limited  to  controversses  in  which  the  amount  involved 
does  not  exceed  the  sum  of  two  thousand  dollars.  The  judges  of 
these  courts  will  be  elected  for  three  years. 

The  General  Assembly  is  empowered  to  create  Criminal 
Courts  for  counties  having  a  population  exceeding  fifteen  thou- 
sand, and  Police  Magistrates  for  cities  and  towns. 

Justices  of  the  Peace  have  jurisdiction  to  the  amount  of 
three  hundred  dollars. 

Provision  is  made  for  the  settlement  of  differences  by  arbi- 
tration for  those  who  prefer  that  summary  mode  of  adjustment 
to  the  more  tedious  and  expensive  litigation  in  other  courts. 

All  laws  relating  to  courts  are  required  to  be  of  uniform  op- 
eration throughout  the  State,  and  the  organization,  jurisdiction. 


AWUIKSS    TO    THK     1'Kol'I.K.  1-7 

powers,  proceedings  and  practice  of  nil  the  courts  of  the  s;im<' 
class  01-  grade,  and  the  force  and  elVect  of  their  proceedings,  are 
required  (o  IK-  uniform.  All  judicial  oflicers  will  be  elected  by 
the  people,  ;ind  after  the  first  election  they  may  lie  elected  on  a 
di  Herein  day  from  that  on  which  an  election  is  held  for  any 
other  purpose,  thus  taking  judicial  elections  out  of  the  arena  of 
party  politics. 

EDUCATION. 

I»y  the  provisions  of  111  is  article  the  general  supervision  of 
the  public  schools  is  vested  in  a  Hoard  of  Kducation. 

The  maintenance  of  free  public  schools,  and  the  gratuitous- 
instruction  therein  for  all  children  between  the  ages  of  six  and 
twenty-one  years,  is  forever  guaranteed. 

It  is  declared  that  the  public  school  fund  shall  forever  re- 
main inviolate  and  intact ;  that  neither  the  State,  nor  any  county, 
city,  town  or  school  district  shall  ever  make  any  appropriation,, 
nor  pay  from  any  public  fund  any  thing  in  aid  of,  or  to  help 
support,  any  school  or  institution  of  learning  of  any  kind  con- 
trolled by  any  church  or  sectarian  denomination  whatsoever; 
that  no  religious  test  shall  ever  be  required  as  a  condition  for 
admission  into  any  of  the  public  schools,  either  as  pupil  or 
teacher;  that  no  religious  or  sectarian  dogmas  shall  ever  be 
taught  in  any  of  the  schools  under  the  patronage  of  the  State. 

The  General  Assembly  is  required  to  pass  suitable  laws  to 
husband,  to  the  fullest  extent,  the  several  grants  of  land  donated 
by  the  General  Government  to  this  State  for  school  purposes.  It 
is  provided  that  the  several  institutions  of  learning  and  charity 
now  fostered  by  the  Territory  shall  be  perpetuated  and  cared  for 
by  the  State. 

LEGISLATIVE    APPORTIONMENT. 

To  guard  against  the  undue  influences  to  which  small  bodies 
are  exposed,  and  in  order  that  every  portion  of  our  extensive  State, 
with  its  numerous  and  diversified  interests,  may  be  fairly  repre- 
sented, the  Senate  is  made  to  consist  of  twenty -six  and  the  House 
of  Representatives  of  forty-nine,  members — these  members  not  to 
be  increased  until  1890. 

A  State  census  is  provided  to  be  taken  in  the  year  1S85,  and 
every  ten  years  thereafter,  which,  with  the  federal  census  of  1880, 
decennially  thereafter,  will  ('liable  the  General  Assembly  to 
revise  and  correct  the  apportionment,  on  the  basis  of  population, 
every  five  years.  By  these  revisions  the  portions  of  the  Stal11 
which  most  rapidly  increase  in  population  will  receive  additional 
representation. 

In  view  of  the  provisions  against  special  legislation,,  already 
adverted  to,  and  other  measures  adopted  to  secure  economy  in 
legislation,  it  is  estimated  that  the  additional  expense  of  a  Legis- 
lature composed  of  this  number  over  a  smaller  body  will  not  be 
great,  and  that  the  benefits  to  be  derived  from  a  larger  representa- 


728  ADDRESS    TO    THE    PEOPLE. 

tion  will  more  than  compensate  the  increased  expenditure.  By 
this  apportionment,  every  county  will  have  a  member  in  the 
House  of  Representatives,  without  regard  to  population. 

Such  a  provision  in  a  State  where  many  of  its  counties  are 
larger  than  whole  States  further  east  is  a  necessity,  and  must 
commend  itself  to  general  approval. 

CORPORATIONS. 

Probably  no  subject  has  come  before  the  Convention 
causing  more  anxiety  and  concern  than  the  troublesome  and 
vexed  question  pertaining  to  corporations.  The  Legislatures 
of  other  States  have,  in  most  cases,  been  found  unequal  to  the 
task  of  preventing  abuses  and  protecting  the  people  from  the 
grasping  and  monopolizing  tendencies  of  railroads  and  other  cor- 
porations. Experience  has  shown  that  positive  restrictions  on 
the  powers  of  the  Legislature  in  relation  to  these  matters  are 
necessary. 

To  this  end  we  have  provided  for  the  wiping  out  of  all  dor- 
mant and  sham  corporations  claiming  special  and  exclusive  priv- 
ileges. We  have  denied  the  General  Assembly  the  power  to  create 
corporations,  or  to  extend  or  enlarge  their  chartered  rights  by 
special  legislation,  or  to  make  such  rights  and  privileges  irre- 
vocable; but  in  case  it  shall  be  found  that  the  exercise  of  such 
rights  and  privileges  proves  injurious  to  the  people,  then  the 
General  Assembly  shall  have  power  to  alter,  revoke  or  annul  such 
charters,  when  that  can  be  done  without  injustice  to  the  cor- 
porators. We  have  declared  that  railroad  corporations  shall  be 
liable  as  common  carriers,  and  that  to  avail  themselves  of  the 
benefits  of  future  legislation,  they  must  subject  themselves  to  all 
the  provisions  and  requirements  of  this  Constitution.  We  have 
forbidden  the  consolidation  of  parallel  and  competing  lines,  and 
of  all  unjust  and  unreasonable  discriminations  between  indi- 
viduals in  their  business  with  such  corporations.  We  have  care- 
fully guarded  the  right  of  eminent  domain,  requiring  a  just  com- 
pensation to  be  paid  in  cash  when  private  property  is  taken,  and 
have  required  all  foreign  corporations,  as  a  condition  of  their 
doing  business  here,  to  have  one  or  more  known  places  of  busi- 
ness, and  an  agent  or  representative  within  the  State,  upon  whom 
the  process  of  our  courts  can  be  served  at  any  and  all  times.  We 
have  also  retained  the  jurisdiction  of  our  courts  in  case  of  con- 
solidation of  a  corporation  within  the  State  with  any  foreign 
corporation,  over  that  part  of  the  corporate  property  within  the 
limits  of  this  State.  We  are  aware  that  these  provisions  do  not 
cover  the  whole  ground,  but  it  must  be  remembered  that  while 
some  of  our  sister  States  have  not  gone  far  enough  in  placing  re- 
strictions on  the  legislative  power,  others  have  gone  too  far,  and 
have  had  to  recede.  We  have  endeavored  to  take  a  middle 
ground,  believing  it  to  be  more  safe,  and  in  the  end  that  it  will 
give  more  general  satisfaction. 


ADDRESS   TO   Till-:    PEOPLE.  729 


REVENUE  AND  FINANCE. 

In  framing  iliis  article,  min-h  labor  was  bestowed  with 
the  view  of  securing  sufficient  revenue  to  defray  the  expenses 
of  the  State  iioverument.  without  imposing  onerous  taxation 
upon  anv  class  of  property  or  industry  of  the  State.  A 
uniform  system  of  taxation  upon  the  same  class  of  sub- 
jeris  lias  been  established.  Mines  and  mining  claims  have  been 
exempted  for  a  period  of  ten  years,  except  the  net  proceeds  and 
surface  improvements  thereof,  and  ditches,  canals  and  flumes 
owned  and  used  by  individuals  and  corporations  for  the  purpose 
of  irrigating  their  own  lands  are  not  to  be  separately  taxed.  The 
property  of  the  State,  counties,  cities,  towns  and  other  Munici- 
palities, and  Public  Libraries,  are  exempted  from  taxation,  and 
unless  otherwise  provided  by  law,  lots  and  buildings  thereon 
situate,  used  exclusively  for  religious  worship,  for  schools  and 
strictly  charitable  purposes,  and  places  of  burial  of  the  dead,  are 
exempted. 

For  the  purpose  of  defraying  the  expenses  of  the  State,  a  tax 
is  provided  for,  not  in  any  case  to  exceed  six  mills  on  the  dollar, 
with  restrictions  that  when  the  valuation  of  property  within  the 
State  shall  amount  to  one  hundred  million  dollars,  the  rate  shall 
not  exceed  four  mills,  and  when  the  valuation  shall  amount  to 
three  hundred  million  dollars,  the  rate  shall  never  thereafter 
exceed  two  mills  on  each  dollar  of  valuation.  Corporations  and 
corporate  property,  real  and  personal,  are  required  to  share  the 
burden  of  taxation,  and  the  power  to  tax  the  same  is  never  to  be 
relinquished  or  suspended.  The  State  Treasurer  is  required  to 
keep  a  separate  account  of  each  fund  in  his  hands,  to  render 
quarterly  statements  specifying  the  amount  of  each  fund  on  hand, 
and  where  the  same  is  deposited.  Stringent  provisions  have  been 
adopted  to  prevent  the  speculation  in  public  moneys  so  generally 
engaged  in  by  the  custodians  of  these  funds,  which  so  often  result 
in  defalcations  and  loss  to  the  people.  A  State  Board  of  Equaliza- 
tion is  created,  consisting  of  the  Governor,  State  Auditor,  Treas- 
urer and  Secretary  of  State,  whose  duties  are  to  equalize  and  ad- 
just the  valuation  of  real  and  personal  property  among  the  sev- 
eral counties,  and  the  Boards  of  County  Commissioners  in  the  re- 
spective counties  are  constituted  County  Boards  of  Equalization, 
whose  duties  are  to  equalize  and  adjust  such  valuations  within 
their  respective  counties. 

PUBLIC  INDEBTEDNESS. 

By  the  provisions  of  this  article  we  have  prohibited  the  Leg- 
islature from  lending  the  credit  of  the  State  in  aid  of  any  cor- 
poration, either  by  loan  or  becoming  a  subscriber  to  any  stock, 
or  a  joint  owner  with  any  party,  except  in  case  of  forfeitures  and 
escheats ;  also,  from  assuming  any  debt  or  liability  of  any  party, 
and  have  also  required  appropriations  to  be  kept  within  the  limits 
of  our  resources,  and  that  no  appropriations  be  made  unless  as- 


730  ADDRESS    TO    THE    PEOPLE. 

^essments  are  also  made  sufficient  to  meet  them,  and  at  the  same 
session  of  the  Legislature. 

The  same  principles  are  applied  to  counties,  cities,  towns  and 
school  districts,  as  far  as  applicable,  with  the  additional  safe- 
guard that  to  increase  the  indebtedness  in  excess  of  the  rates 
fixed  in  this  Constitution  a  vote  of  the  people  must  be  had  thereon. 
In  limiting  the  amount  of  indebtedness  which  may  be  contracted 
fty  counties,  we  have  endeavored  to  make  a  classification  that 
would  not  cripple  counties  having  small  resources,  and  at  the 
same  time  restricting  those  of  larger  resources  to  prevent  ex- 
travagance. 

SUFFRAGE   AND   ELECTIONS. 

By  this  article  we  have  given  the  right  of  suffrage  to 
every  male  person  over  the  age  of  twenty-one  years,  impos- 
ing such  restrictions  only  as  are  required  by  the  Consti- 
tution of  the  United  States,  and  upon  questions  pertaining  to 
schools  in  the  several  districts  of  the  State  no  person  is  denied 
the  right  to  vote  on  account  of  sex.  The  question  of  female 
suffrage  having  been  strongly  urged  upon  the  convention  by  peti- 
tions numerously  signed  and  otherwise,  and  the  Convention  think- 
ing it  unwise  to  hazard  the  adoption  of  the  Constitution  upon 
the  decision  of  this  question,  but  recognizing  the  right  of  the 
people  to  express  their  will  thereon,  have  required  the  General 
Assembly,  at  their  first  session,  to  submit  the  question  to  a  direct 
vote  of  the  people  at  the  next  general  election  thereafter.  It  is 
provided  that  an  educational  qualification  for  electors  may  be 
prescribed  after  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety.  For  the  purpose  of  preventing  frauds  and  of  pro- 
tecting the  purity  of  the  ballot  box,  the  system  of  numbering  bal- 
lots has  been  adopted.  The  working  of  this  plan  has  been  abund- 
antly tested,  and  the  benefits  resulting  therefrom  are  so  numer- 
ous that  to  have  omitted  it  would  have  been  to  have  rejected  that 
which  the  experience  of  the  older  States  teaches  to  be  wise  and 
judicious;  by  this  plan  the  secrecy  of  the  ballot  is  not  invaded, 
while  frauds  can  be  easily  detected  and  the  guilty  party  reached, 
without  disfranchising  a  whole  community,  as  frequently  results 
under  our  present  system. 

COUNTIES. 

By  this  article  we  have  provided  that  the  General  As- 
sembly shall  not  by  special  law  remove  the  county  seat  of  any 
county,  but  that  the  location  of  county  seats  shall  always  remain 
a  question  to  be  voted  on  by  the  qualified 'electors  in  the  several 
counties.  We  have  provided  that  no  portion  of  any  county  shall 
be  stricken  off,  or  any  new  county  formed,  without  submitting 
the  question  to  the  electors  of  such  county;  and  that  when  any 
portion  of  a  county  is  added  to  another,  or  a  new  county  created, 
the  inhabitants  thereof  shall  pay  their  proportion  of  the  indebt- 
edness of  the  countv  from  which  they  were  taken. 


ADMItKSS    T<>    Till!     I'Kon.K.  Till 

We  have  provided  for  (he  usual  county  and  precinct  officers, 
leaving  the  compeiisat  ion  to  he  received  by  them  for  their  serv 
ices  to  l»e  ii.xed  hy  law,  as  provided  in  Seel  ion  Fifteen  of  this 
article.  That  no  inconvenience  may  arise  by  reason  of  the  change 
from  a  Territorial  form  of  government  to  that  of  a  State,  it  is 
provided  that  all  county  and  preeinet  ollicers  shall  hold  their 
respective  offices  for  the  full  term  for  which  they  may  have  been 
elected. 

MISCELLANEOUS. 

We  have  provided  that  all  laws  upon  our  statute  books  at 
the  adoption  of  this  Constitution  shall  remain  in  full  force  and 
effect  until  altered  or  repealed  by  the  Legislature  of  the  State. 

We  have  declared  that  all  persons  who  are  qualified  electors 
at  the  adoption  of  the  Constitution,  shall  be  eligible  to  the  several 
State  offices,  to  the  (General  Assembly,  and  to  the  various  county 
offices. 

\Ye  have  prohibited  under  very  stringent  provisions  the  im- 
portation, manufacture  and  sale  of  all  spurious  or  adulterated 
liquors.  We  have  provided  for  the  passing  of  laws  to  prevent  the 
destruction  of,  and  to  keep  in  good  preservation,  the  forests  upon 
the  public  domain.  We  have  provided  for  the  printing  of  this 
Constitution  in  Spanish  as  well  as  laws  passed  by  the  General 
Assembly  until  the  year  1890,  thus  giving  the  Spanish  speaking 
population  of  the  State  an  equal  opportunity  of  being  fully  in- 
formed of  the  provisions  of  the  fundamental  law,  as  well  as  all 
laws  passed  in  compliance  therewith. 

We  have  provided  liberally  for  the  amending  of  +lie  Consti- 
tution, thus  giving  to  the  people  frequent  opportunities  of  chang- 
ing the  organic  law  when  experience  am1  public  policy  may  re- 
quire it. 

In  this  hasty  review  of  the  several  articles  contained  in  this 
Constitution,  we  have  endeavored  to  call  your  attention  to  those 
provisions  in  which  we  presumed  you  would  be  most  interested, 
\\ V  do  not  think  it  necessary  to  enter  into  an  elaborate  argument 
to  show  why  they  should  meet  your  approval ;  believing  that  you 
fully  appreciate  the  inestimable  prize  secured  by  entering  the 
sisterhood  of  States,  whereby  you  gain  those  privileges  that  flow 
only  from  that  form  of  government,  which  is  the  offspring  of  your 
choice,  completely  free  in  its  principles,  uniting  in  its  powers, 
security,  happiness  and  prosperity  of  the  whole  people.  But  it 
is  easy  to  foresee  that  from  different  causes,  and  from  different 
sources,  an  effort  will  be  made,  and  many  artifices  employed,  to 
weaken  in  your  minds  the  conviction  of  this  truth,  and  we  may 
reasonably  assume  that  the  chief  objection  made  to  a  State  gov- 
ernment will  not  be  founded  upon  the  character  of  the  instru- 
ment we  have  framed,  but  upon  the  alleged  and  supposed  increase 
of  expenses  and  consequent  taxation.  This  is  the  old  cry,  and 


732  ADDRESS  TO  THE  PEOPLE. 

however  potent  it  may  have  been  heretofore,  it  certainly  has  lost 
its  force  in  the  facts  of  the  present.  We  meet  this  objection 
directly,  by  conceding  that  a  State  government  will,  of  course, 
involve  an  increased  expense  over  that  of  our  present  form,  but 
we  assert  that  this  expense  will  be  more  than  balanced  by  the 
pecuniary  gain  alone  which  we  will  receive  by  becoming  a  State. 
We  will  suppose  that  if  we  are  not  admitted  now,  we  will  not 
have  another  opportunity  of  admission  for  at  least  five  years. 
The  increase  in  our  expenses  under  a  State  government  will  be 
about  |50,000  per  annum,  which,  in  five  years,  will  amount  to 
$250,000.  This  would  be  saved  to  us,  or,  more  properly,  be  de- 
layed in  payment,  by  remaining  out  of  the  Union  five  years  longer. 

Now,  let  us  see  what  we  would  lose  in  that  time :  The  Act 
of  Congress  granting  Sections  Sixteen  and  Thirty-six  for  school 
purposes  allows  the  State  to  select  an  amount  of  public  land 
equal  to  that  which  has  been  sold  out  of  said  Sections  to  settlers 
prior  to  survey.  Under  this  arrangement  we  will  be  entitled  to 
select  about  fifty  sections  of  land. 

The  Enabling  Act  grants  fifty  other  sections  for  public  build- 
ings, fifty  sections  for  the  penitentiary,  and  seventy-two  sections 
for  general  purposes — making  a  total  of  two  hundred  and  twenty- 
two  sections,  or  one  hundred  and  forty-two  thousand  and  eighty 
acres  of  land,  which,  at  $2.50  per  acre,  amounts,  in  value,  to 
$385,200. 

It  will  also  be  remembered  that,  upon  becoming  a  State,  Colo- 
rado will  be  entitled  to  five  hundred  thousand  acres  of  public 
land  within  her  borders,  by  virtue  of  a  grant  heretofore  made  by 
Congress.  This  amount,  if  selected  now,  would  be  worth  to  us  at 
least  $500,000. 

The  Enabling  Act  also  grants  the  State  five  per  cent,  of  the 
proceeds  from  the  sale  of  the  public  agricultural  lands  after  the 
adoption  of  this  Constitution.  The  amount  to  be  derived  from 
this  source  for  the  next  five  years  would  exceed  one  hundred  thou- 
sand dollars,  which,  added  to  the  value  of  the  land  above  men- 
tioned, would  make  a  total  of  about  $1,000,000,  which  is  four 
times  the  estimated  amount  of  the  increased  expenses  of  the 
State  for  this  period,  so  that  we  would  really  gain  over  three- 
quarters  of  a  million  dollars  in  five  years  by  becoming  a  State. 
More  than  this,  the  revenues  from  sections  sixteen  and  thirty-six 
will  save  the  whole  State,  in  our  school  taxes,  from  ten  to  twenty- 
five  thousand  dollars  yearly,  making  a  saving  in  five  years  of 
from  fifty  to  one  hundred  thousand  dollars  in  addition  to  that 
already  estimated.  Should  we  not  be  admitted,  and  remain  in 
a  Territorial  condition  five  years  longer,  most,  if  not  all,  the  pub- 
lic agricultural  and  nonmineral  lands  in  Colorado,  which  are 
worth  anything,  will  have  been  sold  by  that  time,  so  that  there 
being  none  left  for  selection,  we  would  lose  all  this,  even  if  a 
like  grant  should  be  renewed  at  the  end  of  that  time.  No  one 


ADDRESS    TO    THE    PEOl'l.i:.  733 

will  doubt  this  statement  who  reflects  upon  the  small  amount  of 
public  a.nrirultural  lands  now  left  within  our  territorial  limits, 
and  considers  the  probable  immigration  for  the  next  five  years. 
The  live  per  cent,  alluded  to  would,  from  the  same,  cause,  like  the 
lands  Drained  in  the  Enabling  Act,  be  forever  lost  to  Colorado, 
and  we  would,  therefore,  at  the  end  of  that  time  be  obliged  to 
commence  our  statehood  with  increased  expenses,  and  at  a  dead 
loss  of  over  a  million  of  dollars  at  the  lowest  possible  estimate. 
In  addition  to  these  several  benefits  to  be  derived  by  our  admis- 
sion into  the  Union  at  this  time,  we  would  also  call  your  atten- 
tion to  the  fact  that,  by  cutting  off  special  legislation,  we  have 
lessened  the  expenses  of  that  department  almost  one-half ;  by  re- 
ducing the  number  of  petit  and  grand  jurors  the  expenses  of  the 
judiciary  department  are  greatly  reduced,  while  the  provisions 
guarding  against  hasty  legislation  at  the  close  of  the  sessions  of 
the  General  Assembly,  will  prevent  great  squandering  of  public 
money,  and  in  many  cases  save  more  to  the  State  than  sufficient 
to  pay  the  per  diem  and  mileage  of  the  members  of  that  body. 

This  much  for  the  pecuniary  balance  of  gains  and  losses.  Let 
us  now  look  at  the  political  and  substantial  advantages  of  State- 
hood as  contrasted  with  our  present  condition  of  Territorial  vas- 
salage. By  becoming  a  State,  we  elect  our  officers  from  our  own 
people  and  are  permitted  to  join  in  the  election  of  the  Chief 
Magistrate  of  the  Nation,  thus  enjoying  for  the  first  time,  while 
in  Colorado,  the  sweets  of  self  government. 

Our  privileges  will  then  be  enlarged,  we  will  no  longer  be 
suppliants  for  the  rights  and  immunities  belonging  to  freemen— 
we  will  have  gained  them.  Then  we  will  be  able  to  assume  our 
proper  station  among  the  States  of  the  Union.  With  two  Senators 
and  a  Representative  in  the  National  Congress,  we  will  be  enabled 
to  command  respect,  and  to  secure  additional  appropriations  for 
the  fostering  of  our  industries,  as  well  as  of  extending  our  polit- 
ical privileges ;  then  we  will  have  a  voice  in  the  matter  of  Indian 
treaties,  in  the  establishment  of  military  posts  and  roads,  in  the 
location  of  mail  routes,  in  the  passing  of  laws  concerning  the 
title  to  mineral  veins,  and  providing  for  the  disposal  of  the  min- 
eral and  pastoral  lands  of  the  Slate  as  suited  to  peculiar  wants; 
also  upon  many  other  questions  which  at  present  interest  us,  but 
upon  which  we  can  not  now  be  heard.  Who  is  there  among  you 
that  would  not  rather  be  a  citizen  of  an  independent  sovereign 
State,  than  a  mere  settler  upon  the  public  lands  of  the  Territory, 
governed  by  satraps  appointed  and  removed  at  pleasure,  as  best 
serves  the  whims  and  purposes  of  political  rings  and  cliques — 
beggars,  asking  pittance  at  the  gate  of  the  nation;  poor  wards 
dependent  upon  the  charity  of  Congress,  living  in  a  sort  of  penal 
colony,  the  Botany  Bay  of  political  servitude?  Now  that  the 
golden  opportunity  is  afforded,  shall  this  state  of  things  longer 
exist?  We  confidently  believe  it  will  not.  Let  us  cherish,  then, 
this  occasion  with  more  than  ordinary  zeal,  actuated  by  the  mem- 


734  ADDRESS  TO  THE  PEOPLE. 

ories  of  the  past,  and  inspired  by  the  rewards  for  us  in  the 
future;  let  us  arouse  ourselves  to  the  responsibilities  of  the  hour, 
and,  as  citizens  of  a  free  republic,  become,  in  fact,  as  well  as  in 
name,  citizens  of  the  American  Union  of  Sovereign  States. 

WILLIAM  M.  CLARK, 

Chairman. 

WILBUR  F.  STONE. 
JOHN  S.  WHEELER. 
E.  T.  WELLS. 
GEORGE  E.  PEASE. 
WILLIAM  E.  BECK. 
JESUS  Ma.  GARCIA. 
ROBERT  DOUGLAS. 
WILLIAM  R.  KENNEDY. 
CASIMIRO  BARELA. 


STATE  ADMITTED. 


United   Slates  of  Ainerie;;. 
Department   of  State. 

YKKIFICATIOX   OF  PROCLAMATION. 

To  all  to  whom  these  presents  shall  come,  greeting:  I  cer- 
tify.  that  hereto  annexed  is  a  true  copy  of  a  proclamation  made 
by  the  President  of  the  United  States  on  the  first  of  August,  1870, 
<le< •  hiring  that  the  admission  of  the  State  of  Colorado  into  the 
union  is  now  complete. 

In  testimony  whereof,  I,  John  L.  Cadwalader,  acting  Secre- 
tary of  State  of  the  United  States,  have  hereunto  subscribed  my 
name  and  caused  the  seal  of  the  Department  of  State  to  be 
affixed.  Done  at  the  city  of  Washington,  this  twenty-fourth  day 
of  August,  A.  D.  1876,  and  of  the  independence  of  the  United 
States  of  America  the  one  hundred  and  first. 

JOHN  L.  CADWALADER. 

[Seal.] 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF 

AMERICA. 

A   PROCLAMATION. 

Whereas,  The  Congress  of  the  United  States  did,  by  an  act 
approved  on  the  third  day  of  March,  one  thousand  eight  hundred 
and  seventy-five,  authorize  the  inhabitants  of  the  Territory  of  Col- 
orado to  form  for  themselves  out  of  said  Territory  a  state  govern- 
ment, with  the  name  of  the  State  of  Colorado,  and  for  the  admis- 
sion of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States  upon  certain  conditions  in  said  act  specified.  And 

Whereas,  It  was  provided  by  said  act  of  Congress  that  the 
< -o nven t ion  elected  by  the  people  of  said  Territory  to  frame  a 
state  constitution  should,  when  assembled  for  that  purpose  and 
after  organization,  declare  on  behalf  of  the  people  that  they 
adopt  the  Constitution  of  the  United  States,  and  should  also 
provide  by  an  ordinance,  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  said  State,  that  perfect 
toleration  of  religions  sentiment  shall  be  secured,  and  that  no 
inhabitant  of  said  State  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship, 
and  that  the  people  inhabiting  said  Territory  do  agree  and  de- 


736  PROCLAMATION. 

clare  that  they  forever  disclaim  all  right  and  title  to  the  un- 
appropriated public  lands  lying  within  said  Territory,  and  that 
the  same  shall  be  and  remain  at  the  sole  and  entire  disposition 
of  the  United  States,  and  that  the  lands  belonging  to  citizens 
of  the  United  States  residing  without  the  said  State  shall  never 
be  taxed  higher  than  the  lands  belonging  to  residents  thereof, 
and  that  no  taxes  shall  be  imposed  by  the  State  on  lands  or 
property  therein  belonging  to  or  which  may  hereafter  be  pur- 
chased by  the  United  States.  And 

Whereas,  It  was  further  provided  by  said  act  that  the  con- 
stitution thus  formed  for  the  people  of  the  Territory  of  Colorado 
should,  by  an  ordinance  of  the  convention  forming  the  same, 
be  submitted  to  the  people  of  said  Territory  for  ratification  or 
rejection  at  an  election  to  be  held  in  the  month  of  July,  eighteen 
hundred  and  seventy-six,  at  which  election  the  lawful  voters 
of  said  new  State  should  vote  directly  for  or  against  the  pro- 
posed constitution,  and  the  returns  of  said  election  should  be 
made  to  the  acting  Governor  of  the  Territory,  who,  with  the 
Chief  Justice  and  United  States  attorney  of  said  Territory,  or 
any  two  of  them,  should  canvass  the  same,  and  if  a  majority  of 
legal  votes  should  be  cast  for  said  constitution  in  said  proposed 
State,  the  said  acting  Governor  should  certify  the  same  to  the 
President  of  the  United  States,  together  with  a  copy  of  said 
constitution  and  ordinances;  whereupon  it  should  be  the  duty 
of  the  President  of  the  United  States  to  issue  his  proclamation 
declaring  the  State  admitted  into  the  union  on  equal  footing 
with  the  original  States,  without  any  further  action  whatever  on 
the  part  of  Congress.  And 

Whereas,  It  has  been  certified  to  me  by  the  acting  Governor 
of  said  Territory  of  Colorado  that  within  the  time  prescribed 
by  said  act  of  Congress,  a  constitution  for  said  proposed  State 
has  been  adopted,  and  the  same  ratified  by  a  majority  of  the 
legal  voters  of  said  proposed  new  State  in  accordance  with  the 
conditions  prescribed  by  said  act  of  Congress.  And 

Whereas,  A  duly  authenticated  copy  of  said  constitution 
and  of  the  declaration  and  ordinance  required  by  said  act  has 
been  received  by  me. 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United 
States  of  America,  do,  in  accordance  with  the  provisions  of  the 
act  of  Congress  aforesaid,  declare  and  proclaim  the  fact  that  the 
fundamental  conditions  imposed*  by  Congress  on  the  State  of  Col- 
orado to  entitle  that  State  to  admission  to  the  Union  have  been 
ratified  and  accepted,  and  that  the  admission  of  the  said  State 
into  the  Union  is  now  complete. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  have 
caused  the  seal  of  the  United  States  to  be  affixed.  Done  at 


PROCLAMATION.  737 

tin-  city  of  Washington  this  first  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy-six,  and 
of  the  independent-  <»t  the  United  States  of  America  the  one 
hundred  and  first. 

[Seal.]  U.  S.  GRANT. 

By  the  President: 

HAMILTON  FISH, 
Secretary  of  State. 


INDEX 


INDEX 


A 

ACCOUNTS   AND   EXPENDITURES   OF    CONVENTION— 

committee    on,    25,    161,    320,    399,    419,    424,    429,    436,    438,    442,    443,    447,    464,    489, 
490,    633,    634,    648,    709,    713. 

ADDRESS   TO   THE   PEOPLE— 
committee  appointed,    155,    163. 
reports  of  committee  on,   633,   654,   659. 
as  published,   723. 

ALIENS— 

power  to  inherit,  see  "Bill  of  Rights,"   §27. 
ALLEN,    GEO.    B.,    22,    329. 
AGRICULTURAL   COLLEGE— 

see    "State    Institutions." 
ALLISON,  W.   A.,   23. 
AMENDMENTS— 

section  1,   convention— how  called,  180,   245,   246,   352,   445,   702,   703. 

section  2,  amendments  proposed  by  general  assembly,   140,  180,   245,   246,   352, 
444,    445,    703. 

to  legislation,   see  "Legislative  Department,"   §§23,  24. 

APPORTIONMENT— 

see    "Legislative   Department,"    §§45-49. 
APPROPRIATIONS— 

see  "Revenue,"   §16;   "Legislative  Department,"   §§21,  25,  32,  34;   "Executive 
Department,"    §12. 

ARAPAHOE,    COUNTY   OF— 

representatives   in    Constitutional   Convention,   15. 

see   "Judicial   Department,"    §13;    "Legislative   Department,"    §§48,    49. 

ARBITRATIONS— 

•between  owners   of   mines,   213,    280. 
ARBITRATIONS,    542,    574,    577,    579,    612,    627,    701. 
ARCHER,    COLONEL— 
invitation  from,  373. 


742  INDEX. 

ASSESSMENTS— 

upon  owners  of  mines  benefited  by  works  in  adjoining  mines,  212,  278. 

ATTORNEY-GENERAL— 

see  "Executive  Department,"  §§1,   4,  19,   21. 
member  state  board  of   equalization,   see   "Revenue,"   §15. 
member   state   board   of   education,    see   "Education,"    §1. 
member   state   land   board,    see   "Education,"    §9. 

AUDITOR— 

see   "Executive  Department,"    §§1,    4,    19,    21. 

member  state  board  of  equalization,   see  "Revenue,"    §15. 

secretary    of   state    to   be,   55. 

B 

BAIL— 

see   "Bill   of  Rights,"    §§19,  20. 

BAILEY,  J.    A>,    §115. 

BALLOT— 

see    "Suffrage  and  Elections,"   §7. 

BARELA,    CASIMIRO,   16,   17,   18,    20,    21,   22,    23,   33,    36,    37,    41,    42,   43,    54,    57,    66,  86, 

87,    99,    102,    107,    109,    116,    117,    120.    121,    123,    137,    139,    146,    149,    150,    152,  153,  157, 

161,    162,   163,   164,  174,  176,    192,  193,   200,  201,  203,  206,   208,   209,   215,   219,  230,  231,  243, 

254,  255,  256,  257,   258,  259,   262,  272,  277,   278,   281,  283,    288,   289,   294,    295,   303,  304,  307, 

308,    311,    318,    319,    320,    321,    327,    329.    337,    343,    347,   356,    358,    373,    379,    382,  389,  392, 

399,    405,    417,    419,    429,    436,    438,    447,    453,    464,    479,    490,    502,    532,    534,    546,  547,  548, 

566,    567,    573,    596,    601,    609,    611,    624,    628,    630,    633,    634,    637,    638,    643,    646,  650,  653, 
657,  659,  707,   708,   709,   713,  716,  734. 

BARKER,    A.   H.,    §§423,    715,   717. 

BARKER,  WILLIAM  V.,   §139. 

BECK,  W.    E.,    15,    16,    17,    18,    20,    21,    22,    23,    24,    32,    33,    36,    37,    38,    39,    41,    43,  57, 

62,    68,    73,    85,    86,    99,    100,    102,    103,    104,    110,    115,    116,    117,    118,    120,    121,    123,  124, 

126,     137,     138.     141,     146,     150,     151,     153,     154,     157,     162,     173,     174.     175,     185,  191, 

192,     201,     203,     205,     206,     209,     213,    214,     215,    216,     219,    221,     222,     230,     231,  233, 

242,     243,     254,     255,     256,    257,    258,     259,     261,     262,     263,    265,     272,     277,     278,  280, 

281,    282,    288,    289,    294,    307,    308,    309,    311,    313,    316,    324,    326,    327,    347,    354,    355,  356, 

373,    381,     385,    S86,    387,    388,     393,     395,    396,    397,    408,    409,    410,    411,    413,    418,  419, 

425,    428,    430,    431,    434,    435,    436,    439,    443,    444,    446,    448,    449,    450,    454,    455,    456,  457, 

458,    461,    462,    463,    464,    466,    467,    468,    469,    489,    498,    499,    500,    502,    503,    521,    532,  534, 

540,    541,    546,    547,    548,    570,    573,    589,    604,    620,    624,    643,    646,    652,    654,    657,    658,  659, 
707,  708,  710,  716,  718,   734. 

BECKURTS,  HERMAN,  572,  709. 
BENNETT,   J.  L.,   79,  101,   102. 

BENT,  COUNTY  OF— 

Representatives  in  Constitutional   Convention,   15. 

see   "Legislative  Department,"   §§48,   49;    "Judicial  Department,"   §13. 

BIBLE,  THE— 

see  "Public  Schools." 


i\!»i:x.  7  l.'l 

HIM.  OF  RIGHTS— 

section  1.    People  sources  of  governmental  power,  88,  141,  375,   486,  523,   524, 

663. 
section  2.    People  may  alter  or  abolish  form  of  government,  88,  141,  375,  486, 

523,  524,  663. 

section  3.    Natural  rights,  89,  141.  375,  486,  523,  524,  663. 
section  4.    Freedom  of  religion — no  preference   to  any  denomination  10,   43, 

83.  89,  142,  375,  486,  523,  524,  664. 

section  5.    Freedom  of  election,  89,  142,  376,  486.  523,  524,  664. 
section  6.    Justice  without  denial  or  delay,  89,  142,  376,  486,  523,  524,  664. 
section  7.    Searches— seizures— warrants,  89,  142,  376,  487,  523,  524,  525,  664. 
section  8.    Criminal   prosecutions— indictment   and   information,   86,   142,    202, 

376.  487,  523,  535,  664. 

section  9.      Treason— definition— two  witnesses,  89,  143,  376,  487.  523,  525,  664. 
section  10.    Freedom  of  speech— jury  in  libel  cases,  90,  143,  376,  487,   523,   525, 

664. 

section   11.    Ex   post   facto   and   retrospective   laws— irrevocable   franchises, 

72,  90,  143,  204,  376,  487,  523,  525,  665. 

section  12.    Imprisonment  for  debt,  90,  143,  204,  376,  487,  523,  525,  665. 
section  13.    Right  to  bear  arms,  90,  143,  204,  376,  487,  523,  525,  665. 
section  14.    When  private  property  may  be   taken   for   private  use,   90,   143, 

206,  377,  487,  523,  525,  665. 
section  15.    Procedure  in  eminent  domain,   90,   143,   207,  377,   487,   488,   523,   525, 

526,  665. 

section  16.    Criminal  prosecutions— rights  of  accused,  91,  144,  208,  377,  488,  523, 

526,  665. 

section  17.  Imprisonment  of  witnesses— depositions,  46,  144,   208,  335,  377,  488, 

523,  526,  665,    666. 

section  18.  Double  jeopardy,  91,  144,  209,  377,  488,  523,  526,  666. 

section  19.  Bail  except  in  capital  cases,  71,   91,  144,  209,  374,  378,   488,  523,  526, 

666. 

section  20.    Excessive  bail— cruel  and  unusual  punishments,  91,   144,  209,  378, 

488,  523,   526,   666. 

section  21.    Habeas  corpus,  91,  144,  209,  378,  488,  523,  526,  666. 
section  22.    Military  subordinate  to  civil  power,  91,  144,   210,  378,  488,  523,  526, 

527,  666. 

section  23.  Trial  by  jury— grand  jury,  60,  70,  91,  144,  210,  378,  489,  523,  527,  666. 

section   24.  Right  to  assemble— petition— remonstrance,   91,   144,   210,   378,    489, 

523,   527,  666. 

section  25.  Due  process  of  law,  92,  144,  210,  378,  489,  523,  527,  666. 

section  26.  Slavery— prohibited,  92,  144,  210,  378,  489,  523,  527,  666. 

section  27.  Aliens  may  inherit  and  own  real  property,  210,  378,   489,  524,  527, 

666. 

section  28.    Rights  reserved   not  disparaged,  92,   144,  378,  489,   524,  527,   667. 

BILL,   OF  RIGHTS,    COMMITTEE   ON,  24,  40,   70,  73,   86,   88,   92,   100,   115,   137,   141, 
154,   198,   208,   335,   336,   343,   351,   374,   375,   378,  486. 

E1LLS- 

see  "Legislative  Department." 

BLACKBURN,   J.   W.,   113. 
BLACKWELL,   HENRY  B.,   315. 

BLIND,    THE— 

institutions  for,  see  "State  Institutions." 


744  INDEX. 

BLISS,   REV.,  123,  313,   652. 
BOARD    OF    EDUCATION,    STATE— 
see   "Education,"    §1. 

BOARD   OF   COUNTY  COMMISSIONERS- 
see   "Counties,"    §§6-10. 

BONDS— 

see  "Indebtedness,"  §§1-8. 

county  officers  to  give,  183,  345. 

all  public  officers  to  give,  252,  286,  287,   303,  306. 

resolutions  against,   61. 

BOULDER,  CITY  OF— 

see  "University  of  Colorado." 
BOULDER,   COUNTY   OF— 

representatives   in  Constitutional  Convention,  15. 

see   "Judicial  Department,"   §13,   "Legislative  Department,"   §§48,   49. 

BOUNDARIES    OF    COLORADO— 
9,  139,  176,  244,  282. 

BOURRION,    REV.    A.    N.,    236. 

BOYLES,    GEORGE,    16,    17,    18,    20,    21,    22,    23,  26,    32,    33,    35,    36,  37,    45,    54,    78,  86, 

99,    100,    102,    103,    109,    111,    116,    117,    118,    120,  121,    123,    124,    137,  139,    141,    146,  149, 

150,    152,    153,    154,    155,    157,    163,    164,   167,    175,  177,    181,    188,    190,  191,    192,    193,  194, 

200,    201,    203,    206,    207,    208,    209,    215,    216,    219,  229,    230,    231,    232,  235,    243,    244,  248, 

253,    255,    256,    257,    258,   259,    261,    274,   275,    277,  281,    288,    289,    294,  295,    303,    307,  308, 

311,    313,    315,    316,    319,    320,    321,    327,    329,    336,  343,    344,    346,    347,  353,    354,    356,  359, 

364,   365,   373,   382,  389,  399,   405,  406,    408,  409,  410,   411,  417,   418,    419,  429,   436,   438,  439, 

447,    448,    450,    454,    455,    456,    463,    464,    469,    479,  490,    502,    516,    532,  534,    546,    547,  548, 

549,    566,   573,    589,    596,    604,    611,    621,    62S,    633,  637,    645,    646,    649,  650,    652,    654,  657, 
658,  659,  660,  707,  709,  716,  718. 

BRAZEE,  ANDREW  W,   17,   18. 

BRIBERY— 

see    "Legislative  Department,"    §§40-41. 

BROMWELL,    H.    P.    H.,    15,    16,    18,    20,    21,    22,   23,    25,    33,    36,    37,    46,    48,    54,    55,  57, 

58,    61,    65,   66,   70,   72,    78,   86,    99,   100,    102,    103,    106,    107,    108,   109,   110,    115,    116,  117, 

118,    120,    121,    124,    126,    137,    145,    146,    149,    151,    153,    157,    158,    165,    174,    176,    201,  203, 

205,    206,    209,    211,    215,    219,    220,    231,    254,    255,    256,    257,    258,    259,    261,    262,    266,  271, 

272,    273,    280,    281,    283,    292,    294,    307,    308,    319,    320,    321,    324,    336,    342,    354,    356,  357, 

358,  359,  S64,   365,  385,   386,  387,  395,  396,   397,  398,  399,  408,   409,  410,  411,  413,  419,  425, 

430,  431,  434,  436,  439,  444,  448,  450,    454,  456,   457,   458,   460,   461,  462,    463,  464,  466,  467, 

468,    469,    498,    499,    500,    502,    504,    506,    507,    510,    511,    512,    516,    523,    532,    534,    545,  546, 

547,    567,    573,    578,    581,    601,    619,    620,    621,    622,    624,    643,    646,    649,    650,    65-2,    657,  659, 
707,  708,  716,  720. 

BROWN,    GEO.    W.,    339. 
BROWN,    J.    S.,    191. 
BROWNE,  .7.  R.,  57. 
BRUSH,    J.    L.,    115. 
BUCKINGHAM,    R.    J.,    150. 
BYERS,   W.  N.,  161,  572. 


INDEX.  745 


CADWALADER,   JOHN   L.,   735. 
CALIFORNIA  ST.  M.  E.  CHURCH- 

resolutlons  from,  112. 
CAPITAL— 

see    "State   Institutions,"    §§2,   3. 
CAPITOL   BUILDING— 

see   "State  Institutions,"    §4. 

CARR,   BYRON  L.,  15,  1C,  19,  20,  21,  22,  23,  25,  27,  33,  35,  36,  37,  39,  40,  41,  42,  42,  44, 

46,    47,   48,    57,    61,    63,    64,   72,   73,   81,    82,    86,   87,    98,   99,    102,    106,   109,    110.    Ill,  114, 

116,  117,  120,  121,  123,   124,  126,   137,  138,   141,   147,   153,   154,  157,   161,   162,   164,   174,  175, 

176,  178,  179,  185,  189,  194,  196,  201,  202,  203,  206,  208,  209,  214,  215,  216,  219,  228,  230,  231, 

233,    237,    243,    248,    256,    257,    259,    262,    264,    272,   287,    289,    292,    293,    294,    295,    303,  307, 

308,  309,  314,  319,  321,   323,  324,  326,  336,   342,   354,   355,  356,  357,   358,  359,   360,  364,  365, 

373,    374,   378,    385,    386,   387,   388,    394,    396,    397,    400,    404.    408,    409,    410,    411,    417,  418, 

419,    430,    431,    434,    436,    443,    447,   448,    449,    450,    454,    455,    456,    457,    458,    461,    462,  463, 

467,    468,    469,    470,    498,    499,   500,    502,    504,    506,    507,    510,    511,    512,    516.    532,    534,  546, 

547,    548,    649,    567,    670,    573,    577,   578.    581,    601,    619,    624,    638,    642,    643,    646,    647,  648, 
650,  654,   657,  658,  669,  660,  707,  708,  710.  716.  718,   719. 

CASE,    FRANCIS   M.,    139. 

CEMETERIES— 

see    "Revenue,"    §5. 
CENSUS- 

To  be  taken   in  18S5,   etc. 

see    "Legislative   Department,"    §45. 

CENTRAL  PRESBYTERIAN  CHURCH— 

resolutions   from,    112. 
CERTIORARI,    WRITS   OF— 

see  "Judicial  Department,"   §3. 
CHAIN   &   HARDY,   715. 
CHAMBERS,    GEORGE   W.,   314. 
CHAPLAIN— 

ministers  of  Denver  invited  to  act  as,  20. 
resolutions   against,   83. 

CHILDREN— 

employment   of,    may    be   prohibited,    1 
see  "Mines  and  Mining,"   §2. 

CHITTENDEN,    A.    J.,    152. 

CHRISTIAN    CHURCH— 

resolutions  from,    112. 
CHURCH— 

see    "Exemptions   from   Taxation;"    "Religion." 


746  INDEX. 

CITIES— 

levy    own    taxes — 

see    "Revenue,"    §7. 

pay    share    of    taxes- 
see   "Revenue,"   §8. 

limitation  on  debts   of — 

see   "Indebtedness,"    §8. 

classification   of— 

see  "Counties,"  §13. 

CITY    NATIONAL    BANK— 

offer   for  payment   of   expenses   of   convention,    38. 

CLARK,     H.     C.,     139. 

CLARK,  WILLIAM  M.,  15,  16,  17,  18,  20,  21,  22,  23,  33,  35,  36,  37,  39,  44,  60,  68,  82, 

86,  99,  102,  105,  106,  116,  117,  120,  121,  137,  141,  145,  151,  153,  155,  157,  173,  176,  177, 

178,  179,  185,  190,  192,  193,  197,  201,  203,  205,  206,  207,  209,  211,  215,  219,  220,  229,  231, 

232,  233,  243,  245,  247,  250,  254,  255,  256,  257,  258,  259,  260,  262,  263,  272,  280,  283,  288, 

289,  303,  307,  308,  316,  319,  323,  324,  326,  327,  328,  329,  332,  342,  343,  344,  347,  353,  354, 

355,  356,  357,  358,  359,  361,  364,  365,  374,  380,  382,  383,  385,  386,  387,  388,  389,  395,  396, 

397,  405,  406,  408,  409,  410,  411,  418,  419,  424,  425,  429,  430,  431,  434,  435,  436,  442,  447, 

448,  449,  450,  454,  455,  456,  457,  458,  461,  462,  463,  466,  467,  468,  469,  491,  498,  499,  500, 

502,  503,  504,  505,  506,  507,  510,  511,  512,  513,  514,  516,  532,  534,  546,  547,  548,  566,  567, 

570,  573,  574,  577,  578,  581,  606,  607,  609,  620,  623,  624,  646,  648,  649,  652,  653,  657,  659, 
707,  708,  716,  734. 

CLARKE,  JAMES  FREEMAN,  315. 

CLEAR  CREEK,  COUNTY  OF— 

see    "Judicial   Department,"    §13;    "Legislative   Department,"    §§48,   49. 
representatives  in  Constitutional  Convention,  15. 

CLERKS— 

of    courts — 

see    "Judicial   Department,"    §§9,    19. 
of    Constitutional    Convention- 
see    "Organization." 

CLUNSON,    HENRY,   313. 
COBB,   CHARLES  D,   19,   20,  21. 
COLLINS,    SNYDER   &   CO— 

offer  for  payment  of  expenses  of  Constitutional  Convention,  38. 

COLORADO    CATTLE    GROWERS'    ASSOCIATION— 

invitation  from,  118. 
COLORADO    NATIONAL   BANK— 

offer  to  pay  part  of  expenses  Constitutional  Convention,  38. 
COLORADO,    STATE  OF— 

see    "Boundaries;"    "Enabling   Act;"    "Preamble." 

COLORADO   STOCK  AND    EXCHANGE    BOARD— 
invitation   from,    88. 


INDKX.  747 

COLORADO,    TERRITORY   OF— 

enabling:  act,   to  become  state,  9. 

judges  of  courts  of.  asked  to  continue  cases,  40. 

officers   of,    given   seats   within    convention    hall,    20. 

COMMERCE,    COMMITTEE  ON,    72,   118,    124,   153,  320. 

COMMISSIONER   OF   MINES— 
see  "Mines  and  Mining,"  §1. 

COMMISSIONERS— 

In  eminent   domain- 
see   "Bill   of   Rights,"    §   15. 

COMMITTEES,    STANDING— 
list  of,  24. 
appointed,  36. 
compilation  of  articles   of  Constitution  entrusted  to,  40. 

CONEJOS,     COUNTY    OF— 

see   "Judicial  Department,"   §13;   "Legislative  Department,"   §§48,   49. 
representatives   in   Constitutional   Convention,  15. 

CONFERENCE    WITH    TERRITORIAL    LEGISLATURE,    COMMITTEE    ON, 
234,    235,    281,    288,    289,    311. 

CONGREGATIONAL   CHURCH— 

resolutions    from,    112. 
CONGRESS— 

see  "Schedule,"   §16,   "Legislative  Department,"   §44. 

CONGRESSIONAL     AND     LEGISLATIVE     APPORTIONMENTS,      COMMIT- 
TEE   ON,   25,    66,    84,    146,   347,   382,   389,   405,    406,   407,    409. 

CONSTITUTIONAL   CONVENTION— 
qualifications  of   members   of,   9. 
qualifications  of  electors  of  members  of,  9. 
time  of  election  of  members— how  set,  10. 
to  enact  ordinance,  10. 

to  set  time  for  election  under  Constitution,  10. 
expenses  of— how  paid,  12,  38,  39. 

see  "Schedule,"   §21. 
place  and  date  of  meeting,   15. 
officers  of— 

see   "Organization  of  the  Convention." 

CONTESTS— 

of   elections- 
see    "Suffrage   and    Elections,"    §12;    "Schedule,"    §13. 

of  seat  of  T.  W.  Wldderfield— 
committee  appointed,  41. 
report  of  committee,  79. 


748  INDEX. 

COOPER.  A.  D.,  16,  17,  18,  20,  21,  22,  23,  33,  36,  37,  56,  59,  62,  70,  79,  86,  92,  99,  102, 

115,  116,  117,  120,  121,  14i;  145,  151,  152,  153,  154,  157,  163,  176,  190,  201,  202,  203,  204, 

206,  209,  210,  214,  215,  219,  221,  231,  232,  248,  254,  255,  256,  257,  258,  259,  260,  262,  263, 

272,  281,  282,  293,  294,  304,  307,  308,  311,  319,  320,  324,  332,  354,  357,  358,  359,  364,  365, 

373,  382,  385,  386,  387,  388,  395,  396,  397,  404,  406,  408,  409,  410,  411,  420,  430,  431,  432, 

434,  436,  444,  448,  449,  450,  453,  454,  456,  457,  463,  467,  468,  469,  478,  489,  490,  498,  499,  500, 

502,  504,  505,  506,  507,  510,  511,  512,  513,  514,  532,  534,  541,  546,  547,  548,  565,  571,  573, 

577,  581,  600,  601,  604,  608,  609,  614,  620,  624,  632,  643,  646,  649,  652,  657,  661,  707,  708, 

709,  713,  716,  720,  721. 

CORPORATIONS— 

articles   offered   and  rejected,   335. 
investment  of  trust  funds  in  stock  of— 
see  "Legislative  Department."  §36- 
taxing  power  can  not  be  released— 

see  "Revenue,"  §9. 
subject  to  taxes- 
see  "Revenue,"   §10. 

section  1.    Charters  not  used  expire,  333,  425,  448,  450,  537,  582,  602,  697,  698. 
section  2.    What  charters  may  be  granted,  333,  425,  448,  451,  537,  582,  602,  698. 
section  3.    Power  to  revoke,   alter   or  annul  charters,   333,   425,   448,   451,   537, 

582,    602,    698. 
section  4.    Railroads  public  highways— intersection,   59,  333,   425,   448,   451,  537, 

582,  602,  698. 

section  5.    Consolidation  of  parallel  lines,  333,  426,  448,  451,  537,  582,  602,  698. 
section  6.    Equal  rights   to  all   in   transportation   facilities,   333,   426,   448,    451, 

537,  582,  602,   698. 
section  7.    Existing  railroads  file  acceptance  of  constitution,  333,  426,  449,  451, 

537,  602,  698. 

section  8.    Corporate  property  subject  to   eminent  domain,   109,   111,  334,  426, 

449,   451,  537,  538,  602,   698. 

section  9.    Fictitious  stock,  etc,  334,  426,  449,  452,  538,  603,  699. 
section  10.    Foreign  corporations  have  agents  in  this  state,  109,  334,  426,  449, 

452,  538,  582,  603,  699. 
section   11.     Street   railroads    have    the   consent    of    authorities,    334,    426,    449, 

452,  538,  582,  603,   699. 
section   12.    No   retrospective    laws   for   corporate    benefit,    334,    426,    449,    452, 

538,  582,  603,  699. 

section  13.    Telegraph  lines— consolidation,  335,  427,  449,  452,  538,  582,  603,  699. 
section  14.    Railroad   and   telegraph   companies    consolidating   with    foreign 

corporation  can't  thus  become  foreign  corporations,  335,  427,  450,  452,  538, 

582,   603,   699. 
section  15.    Contracts  releasing  from  liability  for  negligence  of  corporation 

null  and  void,  85,  134,  170,  253,  263,  369,  450,  452,  498,  499,  538,  555,  582,  603,  699. 

COSTILLA,    COUNTY  OF— 

see  "Judicial  Department,"  §13;  "Legislative  Department,"  §§48,  49. 
Representatives  in  Constitutional  Convention,  15. 

COULSON,  W.  W.,  secretary,  19,  20,  21,  423,  707,  717,  719,  720,  721. 

COUNTIES— 

legislative  indebtedness- 
see  "Indebtedness,"  §6. 

levy  own  taxes — 

see  "Revenue,"   §7. 

no  special  laws  regulating  affairs  of — 
see  "Legislative  Department,"   §25. 


INDEX.  749 

COUNTIES-Continued. 
pay  share  of  taxes- 
see  "Revenue,"  §8. 
>.  «  tion    1.    Former  counties  made  those  of  state,  181,  229,   230,  463,  468,  686, 

680,  695. 

tion    2.    Removal   of   county  seats,   56,   181,  463,   457,  468,  535,   680,  696. 
s.  ction    3.    Striking  off  part  of  counties,  182,  344,   379.   453,  468,  535,  580,   696. 
section    4.    New   county   pay   proportion   of   debt,   182,   229,   230,   453,   535,   680, 

696. 
section    5.    Part  stricken  off  to  pay  proportion  of  debt,  182,  229,  230,  453,  464, 

455,   459,   535,   696. 
section    6.    County    officers— county    commissioners — election,    quorum,    182, 

232,   344,   378,   459,  535,   536,   580,   696. 
srrtion    7.    Compensation  as  provided  by  law,  183,  344,  380,  455,   459,  536,  580, 

696. 
section    S.    Other  county  officers  to  be  elected,  etc.,  183,  344,  380    455,  459,  536, 

580,  581,    696. 

section    9.    Filling  of  vacancies  in  county   offices,   183,  344,  380,   455,  459,   536, 

581,  631,    632,  697. 

section  10.  Electors   only   eligible,    183,   344,   380,   465,    456,   459,   536,  581,  697. 

section  11.  Justices    and   constables,   183,    344,   380,   460,    536,   581,    697. 

section  12.  Assembly   provide   for   other   officers,   184,   229,    230,    346,    380,    457, 

460,    536,  581,    697. 

section  13.  Classification  of  towns  and   cities,  184,   380,   460,  536,   561,   697. 

section  14.  Cities  and  towns  may  incorporate  under  general  laws,  184,  346, 

3£0,  460,  536,  537,  581,  631,   697. 

section  15.  Classifying  counties  as   to  fees,  345,   611,  626,   637,  697. 

COUNTIES,   COMMITTEE  ON,   25,   56,   181,  191,   228,   229,   230,   231,  232,   344,   347,   351. 
379,  456,  457,   458. 

COUNTY  COMMISSIONERS— 

see   "Counties,1'    §§6-10. 

board  of   equalization — 
see   "Revenue,"    §15. 

fix  rates  for  water- 
see  "Irrigation,"'    §4. 

COUNTY   COURTS— 

see  "Judicial  Department,"   §§1,  22,  23,   "Schedule,"   §8. 
COUNTY   SEATS— 

no  special  laws  for  changing— 

see    "Legislative    Department."    §25. 
how   changed— 

see   "Counties,"    §2. 

COURTS— 

see    "Judicial    Department." 
no  special   laws  regulating  practice  in— 
see  "Legislative  Department,"   §25. 

COURTS,    DISTRICT— 

see   "Judicial   Department,"   §§11-20. 
CRANMER,  J.    J.,    57. 
CREDENTIALS,    COMMITTEE   ON,    16,   17. 


750  INDEX. 

CRIMINAL  CASES— 

see  "Bill  of  Rights,"   §8,    "Legislative  Department,"   §37. 
CRIMINAL   COURTS— 

see   "Judicial  Department,"    §24. 

CROSBY,    HENRY    R.,    16,    17,    18,    20,    21,    22,    23,    32,    33,    35,    36,    37,    40,    47,    48,  54, 

82,    86,    98,    99,    102,    105,    120,   121,    137,    153,   157,   176,   201,    203,    206  207,    208,    2091,  215, 

219,    220,    231,    232,    253,    254,    255,    256,    257,    258,   259,    260,    272,    280,   282,   294,    307,  308, 

311,  316,   324,  346,  349,  354,  357,  358,  363,  364,  365,  379,  382,  385,   386,   387,  388,   395,  396, 

397,    399,   408,    109,    410,   411,    413,    420,    424,    434,   437,    448,    449,    450,    454,    463,    468,  469, 

479,    498,    499,    500,    502,    511,    512,    514,    516,    532,    534,    546,   547,    548,    566,    567,    573,  577, 
581,  604,   620,  635,  642,  645,   646,  651,  652,  654,   657,  658,   660,   707,  709,  716,  718. 

CUSHMAN,  WM.  H.,  15,  16,  18,  20,  21,  22,  33,  35,  36,  37,  39,  86,  99,  102,  116,  117, 
120,  121,  151,  152,  153,  157,  168,  165,  174,  176,  180,  185,  201,  203,  209,  215,  219,  231, 
254,  255,  256,  257,  258,  259,  262,  272,  273,  274,  275,  281,  294,  307,  308,  313,  316,  320,  324, 
336,  356,  385.  S86,  387,  388,  395,  396,  397,  408,  409,  410,  411,  413,  414,  419,  430,  431, 
436,  438,  444,  448,  450,  454,  498,  499,  500,  502,  504,  505,  506,  507,  510,  511,  512,  513,  516, 
534,  546,  547,  548,  670,  573,  596,  608,  620,  624,  643,  645,  646,  653,  707,  708,  716,  718,  719. 

D 

DANIELS,    FISHER    &    CO.,    713,    715. 
DEAF    MUTE    INSTITUTE— 

see   "State  Institutions." 

invitation  from,   150. 

DEBT,    IMPRISONMENT    FOR— 

see   "Bill  of   Rights,"    §12. 
DECKER,  J.    H.,   277. 

DEFAULTERS— 

see  "Officers/'   §3. 
DENVER— 

mayor  and  city  council  thanked  for  decoration^,  17. 

petition  from  city   council,    138. 

petition  from  citizens  of,  165. 

DENVER   LIBRARY    ASSOCIATION— 

invitation  from,  62. 

DISTRIBUTION  OF  POWERS,  540,  541,  667. 
DISTRICT   ATTORNEYS— 

see    "Judicial   Department,"    §§11-21. 

DISTRICT    COURTS— 

see  "Judicial  Department,"  "Officers,"  §5,  "Schedule,"   §§5,  6,  7. 

DISTRICT   JUDGES— 

see    "Judicial    Department,"    §§11-20,    "Schedule,"    §6. 
appointed   by  governor,  45. 

DISTRICTS— 

from    which    members    Constitutional    Convention    came,    15. 
senatorial  and   representative- 
see    "Legislative    Department," 


INDEX.  751 

DOMINGUEZ,   C.,   316,   424.   ."I1.    717. 

DOORKEEPER— 

see  "Organization." 
DOUGLAS,   COUNTY   OF-- 

representatives   in   Constitutional   Convention,  15. 

see  "Judicial  Department,"   §13.     "Legislative   Department,"    §48,   49. 

DOUGLAS,  ROBERT,  15,  16,  17,  18,  20,  21,  22,  23,  33,  36,  37,  41,  60,  86,  87,  99,  102, 

103,  116,  117,  120,  121,  124,  126,  149,  152,  153,  157,  158,  163,  166,  176,  185,  201,  203,  206, 

209,  210,  215,  219,  221,  222,  230,  231,  232,  237,  249.  250,  253,  254,  255,  256,  257,  258, 

259,  261,  262,  272,  273,  281,  282,  287,  294,  295,  297,  302,  303,  304,  307,  308,  313,  315,  319, 

323,  324,  327,  328,  332,  336,  337,  354,  357,  358,  359,  364,  365,  385,  386,  387,  388,  395, 

396,  397,  408,  409,  410,  411,  416,  420,  430.  431,  432,  434,  435,  437,  443,  444,  448,  449, 

450,  454,  456,  457,  45S,  461,  462,  463,  464,  467,  468,  469,  498,  499,  500,  501,  502,  504,  605, 

506,  507,  510,  511,  512,  513,  521,  522,  532,  534,  546,  547,  548,  571,  573,  577,  681,  589, 

604,  611,  621,  628,  633,  637,  645,  646,  649,  650.  653,  657,  659,  660,  707,  708,  709,  716, 

71S,  734. 

DUDLEY,  REV.,  343. 
DUELING— 

as  disqualification  for  office,   see   "Officers,"   §12. 

DUNLAP,    W.    P.,    114. 
DYER,    A.    R.,   572. 

E 

EAtfS,    REV.    J.    R.,    35,   107,   448,   469. 

EBERT,    F.    J.,   15,  16,    18,   20,    21,  22,  23,    33,    34,    37,    41,  66,  71,    84,    86,   99,  100,  102, 

106,    107,    117,    118,  120,  121,  149,  152,  153,  157,  161,  162,  174,  180,  184,  191,  201,  202, 

203,    209,    215,    219,  231,  232,  243,  244,  248,  254,  255,  256,  257,  258,  259,  262,  272,  280, 

294,    297,    307,    308,  313,  319,  324,  327,  328,  329,  336,  354,  357,  358,  359,  363,  365,  382, 

395,    396,    397,   408,  409,  410,  411,  420,  431,  434,  437,  444,  448,  449,  450,  454,  456,  457, 

458,    461,    462,    463,  467,  468,  469,  490,  499,  500,  502,  516,  532,  534,  546,  547,  548,  571, 

573,   577,    581,    601,  611,  621,  628,  637,  646,  649,  650,  652,  654,  657,  658,  659,  707,  708, 
709,  713,  716,  718  719. 

EDUCATION— 

section  1.    State   board   of  education,    185,   316,   353,  354,   360,   508,   559,   685,   686. 
section  2.    Free    schools— three    months,    43,    185,    277,    317,    353,    354,    360,    508, 

559,  586,  686. 
section  3.    School    fund    inviolate — state    treasurer    custodian,    186,    188,    317, 

353,  354,  361,  508,   559,  586,  686. 
section  4.    County    treasurer   collect    funds— warrants,    56,    317,    361,    508,    559, 

586,    686. 

section  5.    School   fund,  186,    377,   353,   355,   361,  508,   559,   586,   686. 
section  6.    County  superintendent,  186,  317,  355,  361,  508,   559,  586,  686. 
section  7.    Aid   to    sectarian   schools,    43,   186,    317,   353,   357,    361,   508,   509,    559, 

586,  631,   632,   686,   687. 

section  8.    Religious  test  forbidden— race,   186,  317,   360,   361,  509,  585,   587,   687. 
section  9.    State   land    board— powers,   186,   317,   358,   362,   509,   587,    687. 
section  10.    Public    lands— location— sale— disposal,    71,    166,    187,    317,    323,    324, 

326,   358,   362,   509,   587,   687. 
section  11.    Compulsory    education,    61,    187,    277,    317,    320,    358,    362,    509,    559, 

587,  687. 


752  INDEX. 

EDUCATION— Continued. 

section  12.    University— regents— elections— classes,    84,   187,    355,    358,    362,    509, 

510,   559,   587,   687,   688. 
section  13.    President  of  university— regents   elect,  187,  355,  358,  362,  510,   559, 

588,    688. 

section  14.     Control    of   university,    187,    359,   362,    510,    559,    588,    688. 
section  15.    School   boards   and   districts,    317,   353,   354,   355,   362,   510,    588,    631, 

632,    688. 
section  16.     Text  books,  359,  363,  510,  559,  588,   688. 

EDUCATION   AND    EDUCATIONAL    INSTITUTIONS,    COMMITTEE  ON,    24, 

43,    55,    61,    71,    84,    85,    87,    100,    110,    111,    153,    165,    174,    185,    191,    228,    233,  236,    261, 

277,    279,    295,    296,    302,    310,    311,    312,    313,    315,    316,    342,    347,    351,    350,    353,  354,    358, 
360,    361,   373,   382,   417,   534,  ,570. 

EDUCATIONAL    QUALIFICATIONS— 

to  vote,  see  "Suffrage  and  Elections,"   §3. 

ELBERT,    COUNTY    OF- 

see   "Judicial  Department,"    §13. 
"Legislative   Department,"   §§48,   49. 
representatives  in  Constitutional  Convention,  15. 

ELDER,  CLARENCE  P.,  15,  16,  18,  20,  21,  22,  23,  24,  33,  34,  36,  37,  38,  39,  41,  73, 

81,  86,  99,  102.  109,  116,  120,  121,  130,  138.  139,  147,  153,  157,  162,  192,  201,  202,  203, 

206,  209,  215,  219,  220,  221,  222,  231,  232,  254,  255,  256,  257,  258,  259,  262,  272,  280,  288, 

289,  295,  302,  307,  308,  316,  319,  324,  354,  356,  357,  358,  359,  363,  365,  385,  386,  387,  388,  389, 

392,  399,  405,  406,  408.  409,  410,  411,  420,  430,  431,  434,  437,  444,  448,  449,  450,  453,  454,  456, 

457,  458,  461,  462,  467,  468,  469,  498,  499,  500,  502,  503,  534,  540,  541,  546,  547,  548,  566, 

571,  573,  577,  581,  601,  604,  605,  609,  620,  624,  633,  635,  642,  643,  646,  652,  657,  659,  660, 
707,  708,  716. 

ELECTIONS— 

see  "Legislative  Department,"  §2;  "Suffrage  and  Elections." 

first,  see  "Schedule,"   §§13,  14.  IS,  19. 

no  special  laws  concerning— 

see  "Legislative  Department,"   §25. 

freedom  of— 

see  "Bill  of  Rights,"  §5. 

of  state  officers- 
see  "Executive  Department,"   §3. 

of  members  of  "General  Assembly"— 
see  "Legislative  Department,"   §2. 

qualifications  to  vote  at  general — 

see  "Suffrage  and  Elections,"    §§  1,   2. 

ELECTORS— 

see  "Suffrage  and  Elections;"  "Schedule." 

ELLSWORTH,   LEWIS   C.,   15,  16,   18,   20,    21,    22,    23,   25,  33,   36,   37,   86,  99,  100,  102, 

114,   116,  117,  120,  121,  153,  157,  185,   192,   201,  203,  206,   209,  215,  219,  228,  231,  232,  236, 

254,  255,  256,  257,  258,  259,  262,  272,    277,   280,  281,  293,   294,  302,  303,  307,  321,  332,  357, 

358,   359,  363,  365,  385,  386,  387,  388,  '395,   396,  397,  408,   409,  4io,  411,  414,  420,  430,  431, 

434,  437,  444,  448,  449,  450,  454,  456,    457,   458,  461,  462,   463,  467,  468,  469,  478,  498,  499, 

500,   502,  504,  506,  507,  510,  511,  512,   513,  532,  534,  544,  -546,  547,  548,  570,  573,  577,  581, 

601,  608,  609,  620,  621,  622,  624,  632,   638,   642,  643,  646,  652,  656,  657,  659,  660,  707,  708, 
713,  716. 

EL  PASO,  COUNTY  OF— 

see  "Judicial  Department,"   §13;   "Legislative  Department,"   §§48.  49. 
Representatives  in  Constitutional  Convention,  15.    . 


INDKX.  7.V5 


K  Ml  :!•:/./  I.K.MKNT- 


as  a  disqualification  for  office — 
see  "Officers,"    §4. 

EMINENT  DOMAIN— 

see  "Bill  of  Rights.  §§14,  15;  "Corporations."  §8;  "Irrigation,"  §3. 

ENABLING  ACT,  9,  15. 

ENGEL,   R.,   310. 

ENGLISH  LANGUAGE,   THE— 

laws  to  be  published  in,  100,  162. 

ENROLLING   AND    ENGROSSING,    COMMITTEE    ON,    25.    62.  92.    115,  145.  151, 

173.   178,   179,   196,   222.   248,   264,  287,   307.   320.   373,   382,   404.   406.   453,  463.   478,  489,  490, 

523.  527,   532.  545.   559,   561.   565,  570,   580.   588.   600.   604.   610.   616,  619.  622.    627.  632,  633, 
643,  646,  649,  650,  653,  660,  711. 

EQUALIZATION,  BOARD  OF— 

see  "Revenue,"  §15. 
EVANS,  JOHN,  113,  153. 
EXCHANGE  BANK,  THE— 

offer  to  pay  part  of  expenses  of  convention,  38. 

EXECUTIVE  DEPARTMENT— 
not  interfere  with  others- 
see  "Distribution  of  Powers." 
section    1.    Officers— terms — duties— residence   55,    73,    74.    75,    78,    126,    214,    215, 

223,  400,  479,  527,  528,  667. 

section  2.    Governor,  55,  73,  123,  216,  223,  400,  479,  527,  528,  667. 
section  3.    Election  of  state  officers— contests,  55,  74,  123,  216,  223,  400,  479,  527, 

528,  667. 

section  4.    Eligibility   of  state  officers.   59,   74,   128,   216,   223,   401,   480,   527,    528, 

529,  667,    668. 

section  5.    Governor    commander    in    chief    of    military   forces,    74,    123,    128, 

147,   178,   224,   401,   480,   527,   529,   668. 
section  6.    Governor  appoints  officers — vacancy — senate  confirm,  74,   128,  216, 

219,  224,    401,  480,  527,  529,   668. 

section  7.    Pardons,  75,  128,  216,  220,  224,  402,  480,  481,  527,  529,  668. 

section  8.    Governor  may   require  reports— messages— estimates,   75,  128,   218, 

220,  224,   402,    481,   527,   529,   530,   668,   669. 

section  9.    Special  sessions.  75,  128,  136,  172,  225,   263,  370,  402,  481,  527,  530,   669. 
section  10.    Adjournment   of   Legislature   by   Governor,    75,   128,    220   225,   402, 

527,  530,   669. 
section  11.    Bills   to    be    presented    to    Governor— veto— return    of   bills,    129, 

218,   221,   225,   403,   482,   527,   530,   669. 
section  12.    Veto    on     appropriations,    129,    221,    225,     403,    482,    527,    530,     531, 

669,   670. 
section  13.    When  Lieutenant   Governor   acts  as  Governor,   129,  218,  221,   226, 

403,   482,    527,   531,   670. 
section  14.    Lieutenant    Governor   President   of   Senate— President   pro   tern, 

129,   218,   221,   226,   403,   482,   527.    531,   670. 
section  15.    President    pro    tern    Governor,    when— when    Speaker,    129,    218, 

220,  226,  404,  482,  527,   531,  670. 
section  16.    Accounts   to   be   kept— reports   of   officers,   129,    218,    221,    226,    404, 

482,    528,    531,    670. 


754  INDEX. 

EXECUTIVE  DEPARTMENT— Continued. 

section  17.     Officers'   biennial  reports,   129,   218,   222,    226,   404,   482,   528,    531,   670. 
section  18.     Seal   of    state,    129,    218,   222,   226,    404,    482,    528,    531,   670. 
section  19.    Salary   of  officers,   55,   129,   218,   222,   226,   404,   483,   528,  532,    670,   671, 
section  20.    Superintendent   of  Public   Instruction   is  Librarian,   55,   129,   222, 
227,    404,   483,   528,    532,    671. 

section  21.    Auditor  and  Treasurer  ineligible  for  re-election,  39,  78,  129,  222, 
227,   404,    483,    528,    532,    671. 

EXECUTIVE    DEPARTMENT,     COMMITTEE    ON,    24,    55,    58,    73,    83,    100,    121, 
122,   124,   126,   130,  145,    176,   39S,   217,   219,    248. 

EXEMPTIONS    FROM    TAXATION— 

see  "Revenue,"  §§3,  4.  5,  6,   8. 
property  of  United   States  exempt,  68. 
resolutions  against  exemption  of  religious  property,   83. 
to  promote  forest   culture,    86,    248. 
petitions   upon,   146,    150,   152,   158,   163,    165. 
mines   and   mining   claims- 
see   "Revenue,"    §3. 

EX    POST    FACTO    LAWS— 
see  "Bill  of  Rights,"  §11. 

F 

FEDERAL  RELATIONS,   COMMITTEE   ON,   25,   107,  163,  193,  194. 
"FELONY"    DEFINED,    574,    579,    612,    627   701. 

FELTON,    WILLARD    B.,    15,    17,    18,    20,  21,    22,    23,    33,    37,  48,  55,    57,    66,    86,  99, 

102,  115,    116,    117,    120,    121,    137,    139,    141,  153,    154,    155,    156,  157,  176,    177,    184,  187, 

188,  189,    190,    192,    201,    202,    203..    205,    206,  207,    209,    210,    211,  214,  215,    219,    228,  229, 

230,  231,  232,  245,  249,  250,  254,  255,  256,  257,  258,  269,  261,  262,  264,  272,  283,  288,  294,  311, 

318,  339,    320,    332,    336,    342,    343,    354,    357,  358,    863,    365,    373,  375,  379,    384,    385,  386, 

387,  388,    394,    396,   396,    397,   398,    405,    406,  408,    409,    410,    411,  420,  429,    437,    438,  447, 

448,  449,    450,    453,    454,    456,    457,    463,    465,  466,    467,    468,    469,  478,  483,    498,    499,  500, 

502,  504,    505,    506,    507,    510,    511,    512,    513,  514,    516,   521,    532,  533,  534,    545,    546,  547, 

548,  551,    566,    571,    573,    575,    577,    581,    582,  585,    595,    601,    604,  607,  608,    609,    610,  616, 

623,  624,    626,    627,    633,    636,    642,    643.    644,  645,    646,    647,    649,  650,  653,    657,    659,  661, 

707,  708,    716,    719,    720,   721. 

"FENCE   LAWS,"    §§86,    297. 
FINCH,   REV.   P.  VOORHIES,   310. 
FIRST    BAPTIST    CHURCH— 

resolutions    from,    112. 
FIRST    NATIONAL    BANK— 

offer  to  advance  part  of  expenses  of  convention,  38. 
FISH,    HAMILTON.    737. 
FIS-HER,    O.    L.,    138. 
FORBES,   CLAY,    23,   423,    717. 

FORESTS— 

see    "Exemptions    from   Taxation." 

preservation    of,     66,    68,     105,    106,    161,    168,    175,    248,    280,    281,    297,     302,    326, 
578,  638,   702. 


INDKX.  755 

FOREST  CULTURE,  COMMITTEE  ON,  34,  66,  68,  86,  106,  161,  163,  174,  175. 

-'61,   264,   280,  297,   309,   326. 
FORT    COLLINS— 

see    "Agricultural   College." 

FRANCHISES- 

no  Irrevocable  to  be  granted— 
see  "Bill  of  Rights,"   §11. 

subject   to  right   of  eminent  domain, 
see   "Corporations,"    §8. 

no   special   laws   granting:  exclusive- 
see    "Legislative    Department,"    §25. 

FREMONT,   COUNTY  OF— 

see  "Judicial  Department,"  §13;;  see  "Legislative  Department,"   §§48,  49. 
representatives   in  Constitutional   Convention,   15. 

FRENCH,  REV.,  382. 

FROES-E,  C.  H.,  69. 

FROST,  REV.  A.  J.,  66,  113,  165,  295,  429. 

FRREAZ,  ROBERT,  23,  424,  717. 

FRUCH,  REV.  P.  V.,  19 

FLERSTEIN,   HENRY,   313. 

FUTURE   AMENDMENTS,    COMMITTEE  ON    25,   140,  180,   191,   244,   245,   247. 

G 

GARCIA,   JESUS   M.,    16,    17,   18,  20,    21,   22,    23,  33,  36,   37,   86,    99,  100,  103,  109,  116, 

117,    120,    121,    123,    146,    152,    153,  157,    161,   162,  164,  174,    191,  193,  194,  200,  201,  202, 

203,    209,    215,    219,    231,    232,    243,  254,   255,    256,  257,  258,    259,  260,  261,  262,  272,  280, 

281,    282,    289,    294,    303,    304,    307,  308,    311,   316,  319,  320,    321,  327,  329,  337,  343,  356, 

373,   379,    382,    389,    392,    399,    405,    417,    419,    420,  429,  437,    438,  447,  453,  464,  479,  490, 

502,    532,    534,    540,    541,    546,   547,  548,    573,    577,  601,  609,    620,  624,  633,  634,  643,  646, 
650,  652,  659,  707,  708,  709,  716,   718,  719,   734. 

GALLOWAY,  — ,  22. 
GARD,   C.   F.,   84. 
GARRISON,    WM.    LLOYD,   315. 
GEHRING,    Emile,   310. 

GENERAL  ASSEMBLY— 

see  "Legislative  Department." 
GEOLOGIST,    STATE— 

attempt  to  establish  office,   212. 

GERMAN    LANGUAGE,    THE— 

Constitution,   etc.,   to  be  published  in,   162,   244,  282,   283,   638,   702. 
address  to  the  people  In,  244. 

GERMAN   RETFORMED    CHURCH— 
resolutions   from,  112. 


750  INDEX. 

GILPIN,    COUNTY    OF— 

see    "Judicial  Department"    §13;   see   "Legislative   Department,"    §§48,   49. 
representatives   in   Constitutional   Convention,    15. 

GOTTESLEBEN,    P.,    278. 
GOVE,  G.  D.,  21,  22. 
GOVERNOR— 

see    "Executive   Department,"    "Impeachment." 

commissions  militia  officers;  see  "Militia,"   §3. 

member  State  Board  of  Equalization;  see  "Revenue,"   §15. 

member  State  Land   Board;    see    "Education,"    §9. 

publishes    Treasurer's    report;    see    "Revenue,"    §12. 

resolutions,   etc.,   to  be  presented   to;  see  "Legislative  .Department,"   §39. 

GRAHAM,    REV.    J.,    87. 
GRAND,    COUNTY   OF— 

see    "Judicial  Department"    §13;   see    "Legislative  Department,"    §§48,    49. 

representatives    in    Constitutional    Convention,    15. 

GRAND    JURY— 

investigates  county  treasurers;  see  "Officers,"   §5. 

no   special   laws   concerning;   see   "Legislative  Department,"    §25. 

petitions   to  abolish,   115. 

Legislature  may  abolish;  see  "Bill  of  Rights,"    §23. 

number  constituting,  198. 

GRANT,    U.    S.,   736,   737. 
GREENE,    O.    F.    A.,   277. 
GRIFFITH   COAL   CO.,    715. 
GROESBECK,  J.   B.,   310. 

H 

HABEAS    CORPUS,    WRIT    OF— 

see    "Bill   of   Rights,"    §21;    see    "Judicial   Department,"    §3. 
HALEY,    REV.,    83. 
HAM,   JOSEPH,  310. 
HAMMONETT,    — ,    115. 
HARFORD,    REV.,    157,    243. 
HARTMANN,    C.    R.,    139. 
HASKELL,    REV.    T.    N.,    18. 
HAWLEY,  REV.,  149,  611. 

HEAD,    LAFAYETTE,    16,    17,    18,    20,  21,    22,    23,    33,    36,  37,    39,    83,    86,    99,  102.  109, 

116,  117,  120,    121,    124,    126,    137,    138,  141,    146,    149,    150,  152,    153,    155,    157,  163,  164, 

165,  174,  175,    180,    185,    191,    192,    200,  201,    202,    203,    206,  209,    214,    215,    219,  231,  232, 

243,  254,  255,    256,    257,    258,    259,    262,  272,    294,    307,    308,  311,    324,    354,    359,  364,  365, 

373,  385,  386,    387,    388,    395,    396,    397,  408,    409,    410,    411,  419,    421,    430,    431,  434,  435, 

437,  438,  446,    448,    449,    450,    454.    464,  479,    490,    502,    516,  534,    547,    566,    573,  589,  604, 

611,  621,  628,   633,   637,   645,   646,   649,   650,   652,   654,   657,   658,   659,   660,   707,   709,  716,  718. 


IM>  7.">7 

HIBLICHLE,    H.,    309. 

HINSDALE,    COUNTY    OF— 

see   "Ju.lii  i.ii   Department,  '   §1H;    see   "Legislative   Department,"    §§48,   49. 
representatives   In   Constitutional    Convention,    l.".. 

HOBBS,  J.,  107. 

HOFFER,   J.   G.,   139. 

HOLLY,    WILLIAM,   314. 

HOMESTEAD  AND  EXEMPTION  LAWS,  541,   574,  577.   579,   612,   626,   701. 

HOUGH,   JOHN   S.,   15,    16,   18,   20,   21.   22,    23,  33,    35,   36,   37,   78,   86,   88,   100,  101,  102, 

111,  120,  121,    137,    152,    153,    154,    155,     157,    161,    163,    164,    174,    184,    191,  201,  202, 

203,  205,  208,    210,    215,    219,    220,    231,    232,    234,   243,    247,    249,    251,    25i>,    256,  257,  258, 

261,  262,  263,   272,  277,  281,  289,  294,  295,  303,  309,  311,   313,   316,  319,  329,  336,  342.  343, 

344,  351,  354,    357,    358,    359,    363,    365,    382,    386,   386,    387,    392,   393,    395,    396,  397,  399, 

404,  408,  409,    410,    411,    414.   417,   420,    424,    428,    429,   434,    435,    437,    444,    447,  448,  449, 

450,  453,  454,    456,    457,    458,    461,    462,    463,    467,   468,    469,    479,    498,    499,    500,  502,  506, 

507,  510,  511     512,    513,    516,    533,   534,   547,    566,    571,    572,    573,    589,    604,    611,  621,  641, 

643,  645,  646,  647,   649,  650,   652,   654,  657,   658,  659,  660,   709,   716,  718. 

HOUSE   OF    REPRESENTATIVES- 

see  "Legislative   Department;"   see   "Impeachments." 

HUERFANO,  COUNTY  OF— 

representatives  in   Constitutional   Convention,  15. 
HUNTER,  S.  C.,  114. 

KURD,   DANIEL,   15,   16.   18,  20,   21.    22,   23,   33,  35,   36,   37,   40,  42,  54,   66.   86,  98,  101. 

102,  103,    105,    109,    111,    116,  117,    120,    121,    126,  137,    141,    149,  152,  153.    154,  155,  157, 

165,  175,    185,    194,    200,    202,  203,    206,    209,    215,  219,    231,    232,  254.  255,    256,  257,  258, 

259,  260,    272,    274,    275,    280,  281,    288,    294,    302,  307,    308,    310.  311,  319,    324,  328.  329, 

332.  335,    350   351,    354,    355,  356,    357,    358,    359,  360,    363,    365,  372,  379,    385,  386,  387, 

388,  395,    396.    397,    399,    404,  405,    417,    419,    420,  429,    430,    431,  434,  437,    438,  439,  448, 

449,  450,    454,    455,    456,    457,  458,    461,    462,    467,  468,    469,    490,  499,  500,    502,  504,  506, 

507,  510,    511,    512,    513,    515,  516,    532,    534,    545,  547,    570,    571,  573,  577.    581,  589,  601, 

606.  609,   619,   620,   621,   633,   634,  645,   646,   649,  650,   653,   657,   659,   707,   708,   716,  718,  719, 


IMPEACHMENT    AND    REMOVAL    FROM    OFFICE,    COMMITTEE    ON,    24, 
68,   118.   349,   382,   383. 

IMPEACHMENTS— 

section  1.    House  impeach — senate  try — when  chief  justice   preside,   349,   383, 

497,   558,  695. 
section   2.    Who   liable   to   Impeachment— no   bar  to  prosecution,   68,   74.   118, 

128,  223,   349,   383,    497,   558,    695. 

section   3.    Officers   not   liable    to   impeachment— liable    to   removal,    102,    105,. 

129,  225,   349,   383,   497,   559,  631,   632,   695. 

INDEBTEDNESS— 

section   1.    Pledging   credit   of   state,    etc.,    41,    45,   158,    195,    434,    349,    517,    562,. 

690,    691. 
section   2.    Municipalities   not   to   be   stockholders   in   corporations,    etc.,    41, 

45,  158,  196,  373,   289,  434,  440,   517,   562,  691. 

section  3.    Public  debt   of  state— limit,  71,  158,   195.   291.   292,    434,   435,   440,   517, 
562,   563,    691. 


758  INDEX. 

INDEBTEDNESS— Continued. 

section   4.    No   debt   without   a    sinking   fund,    159,    195,    435,    440,    517,    518,    563, 

691,    692. 

section  5.    Debt  for  public  buildings,  159,  195,  435,  436,  441,  518,  563,  692. 
section  6.    County   indebtedness,    159,    196.    273,    274,    291,    292,    336,    374,    436,    438, 

439,    441,    518,    563,    631,    632,    692. 
section  7.    Loans  for  school  buildings,  160,   196,   274,   290,   438,   439,   441,  518,   563, 

564,   692. 
section  8.    Loans  by  cities,   counties  and  towns,  41,  45,  160,  197,   274,   290,   439, 

441,   442,   518,   519,   563,   564,   620,   621,    692,    693. 
section  9.    This  article  not  to  affect  prior  obligations,  160,   197,    274,   290,  442, 

519,    564,    693. 

legislature  can  not  extinguish,  171,   263. 
when   new   county   Created— how   paid- 
see    "Counties,"    §§    4,    5. 

INDIAN   LANDS— 

inhabitants  of  given  privileges,  100. 

INDICTMENT— 

see  "Bill  of  Rights,"  §8;  "Schedule,"  §2. 

INFORMATION— 

see  "Bill  of  Rights,"   §8. 

INJUNCTION— 

se  "Judicial  Department,"   §3. 

INSANE— 

see    "State   Institutions,"    §1. 

INTEREST,    RATE    OF— 

no   special    legislation    concerning— 

see    "Legislative    Department."    §25. 

INTERPRETER— 

see    "Organization." 
IRRIGATION— 

section    1.    Water    public    property,    44,    296,    343,    344,    393,    406,    501,    504,    594, 

615,   700. 
section  2.    Priority  of  appropriation   the   law,   296,   394,   406,  501,   502,   503,   504, 

594,    615,    616,    700. 

section  3.    Right  of  way  for  ditches,   etc.,  296,  394,  406,  504,   594,   616,   700. 
section  4.    County  commissioners   fix   rates  for  water,   61,   146,   297,    393,    490, 

491,    505,    595,    616,    700,    701. 

IRRIGATION,  AGRICULTURE  AND  MANUFACTURES,  COMMITTEE  ON, 
25,  44,  61,  87,  146,  2%,  309,  315,  326,  336,  342,  343,  344,  353,  392,  393,  394,  490,  501, 
504,  505. 

J 

JAMES,   WM.   H.,   15,   17,   18,  20,   21,   22,   23,  33,   36,   37,  55,   57,  58,    60,   86,    99,  102,  103, 

116,  117,  120,    121,  125,  138,  141,  153,  157,  177,  178,  184,  185,  1891,  191,  201,  202,  203, 

204,  206,  207,    209,  210,  215,  216,  219,  221,  231,  232,  235,  247,  253,  254,  255,  256,  257, 

258,  263,  272,   274,  278,  282,  286,  292,  293,  294,  306,  307,  308,  319,  320,  321,  324,  327, 

328,  329,  337,    343,  347,  356,  385,  386,  387,  388,  396,  397,  408,  409,  410,  411,  421,  430, 

431,  437,  439,    444,  448,  449,  450,  454,  456,  463,  464,  479,  490,  498,  499,  500,  502,  503, 

504,  506,  507.    510,  511,  512,  513,  522,  532,  534,  544,  546,  547,  548,  573,  577,  601,  606, 

607,  608,  609,  '620,  624,  632,  638,  641,  643,  645,  646,  647,  652,  657,  659,  707,  708,  709, 

716,  718. 


JANITOR— 

see   "Organization." 
.IKl-'KBRSON,   COUNTY    OF 

see  "Judicial  Department,"  §13;  see  "Legislative  Department,"   §§48,  49. 

representatives   in  < '«n,stitution:il  Convention,   15. 

JOCRNAL- 

see    "Legislative   Department,"   §13;   see   "Executive   Department,"    §11. 
JUDGES- 

see    "Judicial    Department." 

JUDICIAL    DEPARTMENT— 

not  interfere   with  others — 

see   "Distribution  of  Powers." 
no    special    laws    regulating    rules    of   evidence- 
see    "Legislative    Department,"    §25. 

JUDICIAL    DEPARTMENT— 

section    1.  Judicial    power— how    vested,    45,    238,    337,    394,    470,    589,    596,    678, 

679. 

section    2.  Appellate  jurisdiction,   238,   337,  395,   470,  589,  596,  679. 

section    3.  Power    to    Jssue    writs    in    Supreme    Court,    238,    337,    341,    395, 

470,    589,  5%,    679. 

section    4.  Two   terms  annually,  238,  338,   341,  395,   468,   470,   589,  596,   679. 

section    5.  Three  judges,  majority  a  quorum,  45,  238,  338,  470,  589,  596,  679. 

section    6.  Electing  judges,   238,   338,   395,   470,   589,   596,   679. 

section    7.  Term,   45,  238,  338,  395,   470,  590,  596,  679. 

section    8.  Classification  of  judges,   238,   338,  395,  470,  590,  597,  679. 

section    9.  Clerk  of  Supreme   Court,  238,   341,    342,   384,  395,   467,  468,   470,    471, 

590,   597,  679. 

section  10.  Qualifications  of  Supreme  Judges,  238,  338,  396,  471,  590,  597,  679. 

section  11.  District  Courts,  Jurisdiction,  45,  238,  338,  396,  427,  471,  590,  597,  680. 

section  12.  Judicial  districts,   exchange  of  judges,   238,  338,   396,  461,   471,  472, 

590,   597,  680. 

section  13.  Districts   established,  239,   338,   342,  399,   446,   471,  590,   597,   680. 

section  14.  Changing  judicial   districts,    239,   338,   471,    590,   591,   597,    598,    680. 

section  15.  Election   of  District   Judges,    45,   240,   341,   383,   591,   598,   680. 

section  16.  Qualifications    of    District    Judges,    239,    338,    396,    397,    398,    461, 

462,  591,  598,  681. 

section  17.  One  term  yearly,  239,  338,  342,  462,  471,  591,  598,  681. 

section  18.  Compensation    of    Supreme    and    District    Judges,    240,    338,    462. 

472,   591,  598,   681. 

section  19.  Clerk  of  district  court,   240,   342,  384,  462,   463,  472,  591,  598,   681. 

section  20.  Judges   may   fix   terms,   240,   338,   472,   592,  598,   599,   681. 

section  21.  District  Attorneys— election— qualifications,  240,  339,  464,  472,  592, 

599,  681. 

section  22.  County    courts— election    of    judge— compensation,    339,    464,    472, 

592,    599,    631,    6S1,    682. 
section  23.  •  Court   of   record— jurisdiction    (probate)— limit,    240,    339.   464,    465, 

466,    469,   473,  592,    599,   631,   682. 

section  24.  Criminal  court— in  what   counties,  241,  466,  473,   592,  599,   682. 

section  25.  Justices  of  the  Peace— Jurisdiction,  241,  340,  466,  473,  592,  5S9,  682. 


7f>0  INDEX. 

JUDICIAL  DEPARTMENT— Continued. 

section  26.  Police    magistrates— may   be    created,    241,   340,    467,    473,    592,    599. 

682. 

section  27.  Judges  report  defects  in  law,  etc.,  241,  340,  467,   473,  593,  600,  682. 

section  28.  Laws  relating  to   courts  uniform,  241,   340,  467,  474,  593,   600,  683. 

section  29.  Residence  of  officers,  241,  340,  467,  474,   593,  600,  683. 

section  30.  Process  to  run  in  name  of  people,  241,  340,  467,  474,  593,  600,   683. 

JUDICIARY— 

members  of,   given  seats  in  Convention  Hall,  20. 

JUDICIARY,  COMMITTEE  ON,  24,  44,  46,  60,  86,  139,  153,  156,  198,  200,  213,  233, 
237,  243,  249,  261,  264,  280,  293,  302,  320  326,  327,  328,  336,  337,  342,  343.  357,  383, 
384,  394,  395,  399,  413,  445,  462,  463,  465,  466,  650,  655,  657, 

JURIES- 

majority  prevail,   when,   60. 

in  libel  cases,  see   "Bill   of  Rights,"   §10. 

in   eminent  domain   proceedings,   see    "Bill   of  Rights,"    §15. 

in  criminal  cases,   see   "Bill  of  Rights,"    §16. 

right  of  trial  by,  see  "Bill  of  Rights,"  §23. 

no   special  laws   concerning,    see    "Legislative   Department,"    §25. 

JUSTICES  OF  THE   PEACE- 

see   "Judicial   Department,"    §§1,    25;    see    "Counties." 

no  special  laws  regulating;  see  "Legislative  Department,"   §25. 

K 

KALTENBACH,  R.,  313. 
KAUFMAN,  JOHN  C.,  413. 
KELLER,  REV.,  193,  490 

KENNEDY,  WM.  R.,  16,  17,  18,  20,  21,  22,  23,  24,  32,  36,  37,  40,  41,  42,  47,  48,  54, 

55,  56,  61,  65,  73,  78,  81,  83,  86,  92,  98,  99,  100,  104,  106,  108,  109,  111,  116,  117, 

118,  120,  121,  124,  126,  130,  137,  140,  141,  147,  153,  157,  161,  162,  164,  165,  166,  167, 

174,  175,  176,  181,  184,  201,  202,  203,  204,  205,  214,  215,  216,  219,  228,  231,  232,  233, 

243,  244,  248,  250,  254,  255,  256,  257,  258,  259,  260,  262,  263,  264,  274,  275,  283,  286, 

287,  28S,  289,  303,  307,  308,  311,  316,  319,  321,  324,  326,  327,  328,  336,  343,  347,  350, 

353,  358,  359,  364,  382,  383,  386,  386.  387,  388,  394,  395,  396,  397,  398,  405,  406,  408, 

409,  410,  411,  413,  421,  430,  434,  436,  437,  438,  439,  443,  444,  447,  453,  478,  479,  490, 

498,  499,  500,  502,  510,  511,  534,  546,  547,  548,  567,  571,  573,  575,  577,  578,  579.  580, 

589,  604,  611,  621,  628,  630,  646,  649,  650,  652,  657,  658,  659,  660,  707,  708,  710,  716, 
718,  719,  734. 

KEYSTONE  CLUB— 

invitation    from    38. 

KILELY,    JOHN,   295. 

KIRKER,    R.    A.,    22,    41,    423,    715,    717. 

KOCK,    MORITZ,    17,    424. 

KORAN,    THE,    360. 

KUSSIG.    CHAS.,    715. 


IM'KX.  7<>1 


LAKE,    COUNTY   OF- 

see   "Judicial  Department,"    §13;   see   "Legislative  Department,"    §§4S,   40 
representatives  in  Constitutional  Convention,  15. 

LANDS— 

see  "Public  Lands,"   "School  Lands."   "Mineral  Lands." 
LAND    BOARD— 

see  "Education,"  §9. 

LA    PLATA,    COUNTY   OF— 

see   "Judicial  Department,"    §13;   see   "Legislative  Department,"    §§48,   49. 
representatives  in   Constitutional   Convention.   15. 

LARIMER,    COUNTY    OF— 

see   "Judicial   Department,"   §13;   see  "Legislative  Department,"   §§48,   49. 
representatives  in  Constitutional  Convention,  15. 

LAS  ANIMAS,   COUNTY  OF— 

see   "Judicial   Department,"    §13;   see   "Legislative  Department,"    §§48,    49. 
representatives  in  Constitutional  Convention,  15. 

LAWRENCE  ST.   M.   E.    CHURCH— 
resolutions   from,   112. 

LEE,    WM.,    15,    16,  18,    20,    21,    22,    23,    33,  36,    37,    54,    61,    86,  99,  102,  111,  120,  121, 

153,    157,    165,    200,  201,    202,    203,    206,    209,  215,    219,    230,    231,  232,  248,  255,  256,  257, 

258,   260,    262,    272,  274,    280,   294,    303,    309,  319,    320,    321,    327,  328,  354,  357,  358,  359, 

363,    385,    386,    387,  388,    3%,    397,    408,   409,  410,    411,    421,    430,  431,  437,  448,  449,  450, 

454,   456,    463,    467,  468,    469,    479,    498,    499,  500,    502,    504,    532,  534,  540,  541,  548,  567, 

573,    580,    601,    609,  620,    624,    643,    646,    653,  657,    707,    708,    716. 

LEGISLATIVE   DEPARTMENT— 

see  "Amendments,"  "Schedule,"  §§4,  15,  21;  "Mines  and  Mining,"  §2; 
"Corporations,"  §3;  "Executive  Department,"  §§9,  11,  12;  "Counties," 
§13;  "Suffrage  and  Elections,"  §12;  "Education,"  §7;  "Revenue,"  §7. 

section  1.    Consists  of  what,  59,  131,  167,  252,   254,  366,  491,  551,  552,  671. 

section  2.    Election  of  members,  66,  131,  167,  252,  254,  255,  263,  264,  366,  491,  551, 

552,  621,    622,    671. 

section   3.    Term    of   senatoijs   and   representatives,    59,    66,    131,    168,    253,    256, 

366,  491,  551,  552,  671. 
section   4.    Age   and    qualifications    of   members    general    assembly,   59,    131, 

168,   254,   256,   257,   258,   366,  491,  551,  553,   671. 

section  5.    Classification  of  senators,   131,  168,   258,  366,  492,  551,   553,  671. 
section  6.    Compensation,  132,  168,  253,  258,  356,  363,  366,  492,  551,  553,  671,   672. 
section  7.    Meeting  of  general  assembly,  132,  168,  258,  367,  492,  551,  553,  621,  622, 

658,  672. 
section   8.    Appointment    of    legislators    to    office,    132,    168,    259,    367,    492,   551, 

553,  621,    622,    672. 

section    9.    Increase    of    salary— when    forbidden,    132,    168,    259,    367,    492,    551, 

553,  672. 
section  10.    President  pro   tern  of  senate— speaker,   132,   168,  239,   367,   492.  551, 

654,    672. 

section  11.     Quorum,  132.  169,  259,  367,  493,  551,  554,  672. 
section  12.    Rules  and  powers,   132,  169,   259,  3G<,  493.  551,  554,   672. 


7G2  INDEX. 

LEGISLATIVE  DEPARTMENT— Continued. 

section  13.  Journals,   132,   169,   259,    260,   368,   493,   551,   554,   672,   673. 

section  14.  Open   sessions,   132,    169,   260,   368,   493,   551,   554,   673. 

section   15.  Adjournments,    not   over   three   days   without   consent,    132,    169, 

260,  368,  493,  551,  554,  673. 

section  16.  Privileges  of  members,   132,   169,   260,   368,  493,  551,   554,   673. 

section  17.  No  law  passed  but  by  bill,  132,  169,  261,  368,  493.  551,  554,  673. 

section  18.  Style  of  laws,   132,   169,   253,    261,   388,   493,   551,   554,   673. 

section    19.  Ninety    days    before    taking    effect,    thirty    days    to    introduce, 

132,  169,  261,  364,  365,  368,   493,   551,  554,   653,   673. 

section  20.  Bills  referred  and  printed,  132,  170,   262,  368,   493,   552,  555,   673. 

section    21.  Bills    contain    one    subject— effect    of   more— expressed    in    title, 

46,  132,  170,  262,   264,  368,  494,   552,   555,  673. 

section  22.  Bills  to  be  read,  132,  170,  262,  368,  494,  552,  555,  673. 

section    23.  Amendments    and    conferences,    132,    170,    262,    368,    494,    552,    555, 

673,  674. 

section  24.  Revival  and  amendment,   133,   170,   368,    494,    552,   555,   674. 

section    25.  Local    and    special    laws,    59.    133,    170,    253,    262,    263,    369,    494,    552, 

555,  674. 

section  26.  Signing-  bills— reading  titles,  134,  171,  263,   369,  495,  556,  674. 

section  27.  Employes  of  house— compensation,   135,   171,   263,   370,   495,   556,   674. 

section  28.  Extra   compensation,   135,   171,    263,   370,   495,   556,   674. 

section    29.  Stationery   furnished   under   contract,    135,    171,    263,    370.    495,    556, 

674,  675. 

section  30.  Extending  terms   and  increasing  salaries,   135,   171,    263,   370,   495, 

556,  675. 

section  31.  Bills  for  revenue,  135,  171,  263,  370,  495,  557,   675. 

section-  32.  General  appropriation  bills,  135,  172,  263,   370,  495,  557,  675. 

section   33.  Money    must   be   paid   out   on   appropriations,    135,    172,   263,    370, 

496,  557,  675. 

section  34.  Appropriations   forbidden   to   institutions   not   under   state   con- 
trol, 43,  72,   83,  111,   253,   263,  370,   496,   557,   675. 

section   35.  Delegation   of   powers,   135,   172,   263,    370,   496,   557,   675. 

section  36.  Investment  of  trust  funds,  136,  172,  263,  371,  496,  557,  675. 

section  37.  Change   of  venue,   136,   172,   263,    371,   496,   557,    675. 

section  38.  No  obligation  or  liability  to  be  changed  by  general  assembly, 

136,   172,  256,  263,   371,   496,  557,   675,   676. 

section  39.  Orders  and  resolutions  presented   to  governor,  136,  172,   256,   263, 

371,   496,  557,    676. 

section  40.  Bribery  and  undue  influence,   263,   371,  496,   557,  558,   676. 

section   41.  Offering,    giving   or   promising   money    or    other    considerations, 

136,   172,  263,    371,   497,    558,    676. 

section  42.  Corrupt  solicitation  of  members,  136,   173,   263,   372,   497,  558,  676. 

section  43.  Member  interested  not  to  vote,  136,  173,   263,  372,  497,  558,  67Q,  677. 

section  44.  Representative  in   congress,   347,   407,   409,   412,   519,  560,   677. 

section  45.  Census  in  1885,   etc.,   347,   407,   409,   412,   519,   520,   560,   677. 

section  46.  Number  of  members   of  general   assembly,   348,   405,   406,   407,    409, 

410,    412,  520,    560,    677. 

section  47.  Districts  may  be  changed,   348,  407,   411,   412,  520,  560,  577. 

section   48.  Districts   established   for  senators,   66,   348,   407,   408,   411,   412,   413, 

520,  521,  560,  561,  677,   678. 

section  49.  Districts  for  representatives,  66,  408,  411,  413,  521,   561,  562,   678. 


763 

LEGISLATURE  AND  LEGISLATION,  COMMITTEE  ON,  24,  34,  10,  46,  57, 
68,  59,  68,  85,  86,  88,  100,  107,  130,  131,  164,  167,  173,  174,  190,  243,  250,  253,  258, 
356,  361,  365,  373,  404. 

LEGISLATURE,    TERRITORIAL— 

members  given  seats  in  convention  hall,  20. 
appropriation    for    expenses    Constitutional    Convention- 
see   "Conference  with   the   Legislature,   Committee  on." 

LIBEL— 

see    "Bill    of   Rights,"    §10. 
LIEUTENANT   GOVERNOR— 

see   "Executive  Department,"    §§1,  4,  13,   14,  15. 
LIQUORS— 

no  drugged  or  spurious,  126  156,  249,  293,  294,  497,  498,  559,  577,  637,  638,  701,  702. 

petition   concerning  sale   of,   165. 

LONDONER  AND  BRO.,   715. 

LORD,   REV.    WILLIS,   26. 

LIMBACH,    HENRY,    296. 

LOTTERIES  AND   GIFT   ENTERPRISES,   542,   574,   577,   579,   609,   612,   627,   701. 

LYND,   REV.,   100,  118. 

M 

MACHEBEUF,  RT.   REV.   JOSEPH,   150,  235,  ,°,29,  332,  343. 

MANDAMUS,    WRIT   OF- 

see  "Judicial  Department,"   §3. 

MARSH,   ALV1N,  15,  16,  18,  20,   21,  22,  23,  24,  33,  36,  37,  41,   48,  55,   57,  81,  86,   88,   99, 

100,  105,    107,    116,    117,    120,    121,    124,    138,  145,  152,  153,  155,  157,  161,  162,  164,  165, 

174,  175,    180,    185,    191,    192,    193t  197,    200,  202,  203,  206,  207,  209,  214,  215,  219,  231, 

232,  242,    243,    248,    255,    256,    257,    258,    259,  262,  272,  281,  288,  294,  306,  307,  308,  309, 

316,  320,    324,    335,    347,    353,   254,    355,    357,  358,  373,  375,  382,  385,  386,  387,  389,  395, 

396,  397,    408,    409,    410,    411,    421,    430,    431,  437,  438,  447,  448,  449.  450,  454,  45«,  458, 

461,  462,    463,    466,    467,    468,    469,    478,    489,  498,  499,  500,  502,  503,  504,  506,  507,  510, 

511,  512,    513,    532,   534,    546,    547,    548,    566,  573,  589,  604,  611,  616,  620,  624,  637,  645, 

646,  649,   650,  652,   654,   657,   707,   708,   716. 

MAYER,    JOHN   C.,   309. 

MASSACHUSETTS    WOMAN'S    SUFFRAGE    ASSOCIATION- 
memorial  from,   314. 

MATHIAS,   JACOB,   313. 

MAXWELL,    MRS,    M.    A.,   103,   104. 

McCORD,  WILLIE,  42,  424,  717. 

McCREERY,  W.  H.,  87. 

McELMORE,   THOMAS,   22. 

McLELLAN,   W.   W.,    139. 

MEANS  AND  MONEY,  COMMITTEE  OX.  22S.  233. 


T64  INDEX. 

.MEMORIAL   TO   CONGRESS.   COMMITTEE   ON— 
motion  for,   40 
report,    46. 
discharged,  47. 
reappointed,   48. 
second    report,    63. 
same  adopted,  73.. 

MESSENGER,   FRITZ,   310. 
METHODIST    CHURCH,    SOUTH— 
resolutions   from,   112. 

MEYER,    WM.  H.,  16,    17,   18,    20,    21,  22,   23,    26,    33,   36,    37,    54,    86,    99,  102,  105,  109, 

114,  116,  117,  118,  120,    121,    124,    126,  137,    138,    141,    146,  149,  150,  152,  153,  155,  157, 

163,  164,  165,  174,  175,    180,    185,    191,  192,    200,    201,    202,  203,  206,  214,  215,  219,  231, 

232,  234,  254,  255,  256,    257,    258,    259,  262,    272,    282,    288,  289,  294,  295,  307,  308,  8U, 

324,  327,  328,  329,  332,    335,    347.    354.  356,    357,    358,    361,  365,  373,  379,  SS2,  3S9,  395, 

396,  397,  404,  408,  409,    410,    411,    421,  429,    430,    434,    437,  438,  446,  448,  449,  450,  454, 

464,  479,  490,  502,  507,    510,    516,    534,  547,    566,    573,    589,  604,  611,  621,  628,  633,  637, 

645,  646,  649,  650,  654,   657,  658,   659,   660,   709,   716,   718. 

MILITIA— 

see   "Bill   of  Rights,"    §22;   see    "Executive  Department,"    §5;    sec    "Suffrage 

and   Elections,"    §4. 

section  1.    Age— exemption  by  law,   123,   147,  178,  351,  443,   701. 
section  2.    Conform   to  U.    S.   army  regulations,   123,  147,   178,   351,   443,   701. 
section  3.    How   officers   appointed   and   elected,    123,    147,   178,   352,   443,   701. 
section  4.    Keeping  of  public  arms,   relics,  etc.,  123,  147,   178,  352,  443,   701. 
section  5.    Conscientious   scruples,   123,   147,   178,   352,  444,   701. 

MILITARY    AFFAIRS,    COMMITTEE    ON,    25,   123,    147,    177,    190. 
MILLER,  REV.  W.  J.,  113,   235,   327,  534. 
MILLER  AND   HYAT,   715. 
MILLINGTON,   REV.   F.   C.,   43,    516. 
MINES  AND  MINING— 

see    "Revenue,"    §3. 

taxation   of,    44,    212,   278,    280. 

litigation,   S6. 

section  1.    Commissioner  of   mines,   57,   58,  212,   278,   385,  387,  500,   594,   615,   700. 

section  2.    Ventilation    of   mines— employment    of   children,   70,    212,   278,    386, 
500,    594,    615,    700. 

section  3.    Drainage  of  mines,  212,  278,   386,   387,   594,   615,   700. 

section  4.    Mining  and   metallurgy   taught   in   public   institutions   of   learn- 
ing, 212,  278,   501,  594,  615,  700. 

MINES  AND  MINING,  COMMITTEE  ON,  25,  57,  70,  130,  211,  250,  275,  279,  280, 
356,  382,  384,  385,  388,  514. 

MINORS— 

see   "Legislative  Department,"   §25. 

MISCELLANEOUS  SUBJECTS,  COMMITTEE  ON,  25,  43,  57,  83,  87,  100,  102, 
103,  107,  108,  114,  152,  162,  176,  177,  243,  248,  264,  281,  282.  307.  351.  503,  540.  541,  573, 
574. 


IMM:.\.  «i'.."i 

MI  MO,   ERCHARD,   314. 
MITES,    INSTITUTION    FOR- 
see  "State  Institutions,"  §1. 

X 

NEGLIGENCE   OF   EMPLOYER- 

see  "Corporations,"  §15. 
NEWSPAPERS— 

see   "Times,"    "Tribune,"   "Rocky  Mountain  News." 

Copies  sent  to  constituents,  153. 

NICHOLS,   W.   H.   J.,    139. 

0 

•OATH— 

Taken  by  members,  17,  IS. 
Of  State  officials- 
see   "Officers,"    §§7,   8. 

O'CONNOR,    TIMOTHY,   1,   3. 

ODD   FELLOWS,    INVITATION   FROM,   34. 

OFFICERS  AND  OATH  OF  OFFICE,  COMMITTEE  ON,  25,   36,   61,   70,  167,   173, 

205,   249,   261,  261,  283,   286,   389. 
OFFICERS,    STATE— 
see  "Schedule,"   §10. 
see   "Elections." 
see   "Executive  Department." 
see   "Legislative   Department."    §25. 
section  1.    When   office  expires— suspensions— exercise  office  until,    etc,,  249', 

284,  286,  303,  304,  389,  476,   532,  533,  5C8,  631,  693. 
section  2.    Personal    attention    to    office,    90,    142,    250,    284,    286,    303,    304,    390, 

476,   532,    533,   568,    693. 
section  3.    Defaulting    collectors    disqualified,    56,    90,    132,    142,    250,    284,    286, 

303,  304,  390,  476,  532,  533,  568,  693,  694. 
section  4.    Embezzlement    disqualifies,    132,    250,    284,    286,    303,    304,    390,    477, 

532,  533,  568,   694. 
section  5.    Grand  jury  investigate  state  and  county  treasurers,  250,  284,  286, 

303,   304,  390,  532,  533,  568,  694. 
section  6.    Member    assembly    soliciting    bribes    or    receiving    benefits    for 

public  acts,  250,   284,  286,  304,  305,  390,  391,  477,   532,  568,  568,  694. 
section  7.    Oaths  of  members  of  general  assembly,  251,  285,  286,  304,  306,  391. 

478,   532.   533,   567,   569,   694. 
section  8.    Oaths  of   civil   officers,   62,   206,   251,   285,   287,   304,    306,   391.   478,   532. 

567,    569,    694,   695. 

section  9.    Filing  oaths  of  officers,  252,  286,  304,  306,   391,  532,  570,  695. 
section  10.    Refusal    to   qualify— vacancy,    252,    286,   287,   304,    306,   390,    532.   533, 

695. 

section  11.    Term  of  officer  elected  to  nil  vacancy,  252,  304.  532,  533.  612,  627, 

637,  638,   695. 
section  12.    Dueling  as  a  disqualification,  532.  612,  627.  637.  638,  695. 


766  INDEX. 

OLD  AND  NEW  TESTAMENTS— 
Communication  concerning,  163. 
Report  of  committee  on,  193. 

ORCHARDS,   HEDGES,   EXEMPTION  FROM  TAX,   86,  248,   281,   638,  702. 

ORDER  OF  BUSINESS  AND   RULES,    COMMITTEE   ON,    23,   27,    35,    41,   42,   48, 
54,   57, 

ORDINANCE,  AS  PROVIDED  FOR  IN  ENABLING  ACT,  10,   118,  150,   213,   233, 
478,   514,   544. 

ORGANIZATION    OF    CONVENTION— 
Temporary,   16. 
Permanent,   18-23,  26,  41,  42,  98. 


PALMER,    REV.,    248. 
PANDO,   GABINO,   26,  424,   717. 

PARDONS— 

see   "Executive  Department,"    §7. 

PARK,    COUNTY  OF— 

see   "Judicial   Department,"   §13. 

see    "Legislative   Department,"    §§48,    49. 

Representatives  in  convention,  15. 

PARTISANSHIP,    RESOLUTION   UPON,    20. 

PATTERSON,   T.   M.,   DELEGATE  IN   CONGRESS,   35,   39,   326,   460,   652. 

PEASE,    GEO.  E.,  15.    17,   18,    20,  21,    22,    23,    32,  33,  34:,    36,    37,    41,  47,  54,    57,    66,  83r 

103,  105,  107,  109,  114,  116,  120,  121,  1231,  124,  126.  149,  153,  155,  157,  163,  175,  176, 

180,  191,  192,  201,  202,  203,  206,  208,  209,  215,  217,  219,  220,  230,  231,  232,  236,  254, 

255,  256,  257,  258,  259,  262,  264,  272,  275,  287,  292,  294,  303,  307,  308,  313,  320,  321, 

327,  329,  337,  343,  347,  366,  373,  379,  382,  389,  392,  399,  405,  417,  419,  421,  429,  437, 

438,  447,  454,  456,  457,  458.  461,  462,  463,  467,  468,  469,  498,  499,  500,  502,  503,  504, 

506,  507,  510,  512,  513,  534,  546,  547,  648,  ^59.  570,  573,  577,  578,  581,  585,  601.  607, 

608,  609,  619  620,  624.  631,  638.  643,  646,  649,  650,  651,  652,  655,  657,  707,  709,  716, 

718,  734. 

PENITENTIARY— 

Fifty  sections  of  land  for,  21. 
PETITION,    RIGHT    OF— 

see   "Bill  of  Rights,"   §24. 
PIERCE,  W.  H.,  715. 
PISKO,    EDWARD,   314. 

PLUMB,    S.    J.,    15,    16,    18,    20,    21,    22,    23,    33,    36,    37,   41,    56,    71,    86,    99,    100,  102.  115, 

116,  117,    120,    121,    138,    153,    155,    157,    176,    200,    201,    203,    205,    206,    209,    210,  214,  215, 

216,  219,    231,    232,    254,    255,    256,    257,    258,    259,    262,    263,    272,    280,    281,    283,  288,  293, 

294,  296,    303,    307,    308,    311,    313,    324.    347,     353,    354,    357,    358,    364,    365,  379,  385, 

386,  387,    388,    392,    396,    397,    408,    409,    410,    411,    414,    421,    428,    429,    430,    431,  434,  437, 

444,  448,   449,   450,  453,   454,   455,   456,   457,   458,  461,   462,   463,   467,  468,   469,   498,  478,  490, 

499,  500,    502,    504    506,    507,    510,    512,    513,    532,    534,    546,    547,    548,    570,    573,  577,  581, 

601,  607,   608,  609,   620,   624,  627,  643,  644,  646,  657,   707,   708,  716,  719. 


INDEX,  'M 

POLICE  COURTS- 

see    "Judicial   Department,"    §2»J 
resolution  concerning1.   139. 

PRICE,  H.   R.,  314. 

PRESIDENT  OF  THE   UNITED  STATES- 

see   "Enabling  Act." 

see  "Schedule,"  §§12,  19,  20. 

proclamation  of,   736. 

PRINTING,  COMMITTEE  ON,  25,  33,  40,  78,  98,  103,  152,  153,  154,  161,  163,  166, 
I'M.  174,  190,  191,  232,  243,  249,  264,  282,  288,  315,  332,  342,  343,  351,  357,  381,  382, 
392,  404,  417,  447,  453,  521,  544,  571,  593,  604,  614,  634,  635,  636,  641,  645,  646,  648. 

PROBATE   COURTS— 

see  "Judicial  Department,"  §22. 
see    "Schedule,"    §§8,    9. 
proposed,  40,  45. 

PUBLIC    BUILDINGS— 

fifty  sections  set  aside  for,  11 

debts  for,  see  "Indebtedness,"   §§4,  5. 

PUBLIC   DEBT— 

see  "Indebtedness." 
PUBLIC   LANDS— 

see    "Education,"    §§9,    10. 
see  "Enabling  Act." 
belonging  to  United   States,   68. 
donations    prohibited,    88. 

PREAMBLE    TO   THE    CONSTITUTION.    43,   102,    108,    140,    176,    307,    308,    623,    C63. 
PUBLIC   LIBRARIES— 

exempt   from    taxation;    see    "Revenue,"    §4. 

PUBLIC  AND  PRIVATE  CORPORATIONS,  COMMITTEE  ON,  24,  34,  55.  68. 
71,  111,  139,  191,  332,  343,  350,  373,  389,  405,  413,  418,  425. 

PUBLIC    SCHOOLS— 

see  "Education,"   §§2,  8,  11,  16. 
use  of  Bible  in,  83,  87,  277,  360. 

PUEBLO,    COUNTY    OF— 

see    "Judicial   Department,"    §13. 

see    "Legislative   Department."    §§4S,   49. 

representatives  in  Convention,   15. 


70S  INDEX. 

Q 

QUILLJAN,     ROBERT  A.,    16,    17,    18,    20,    21,    22,  23,    33,    36,    37,    39,    86,  99,  102, 

116,  117,    118,    120,    121,  124,    126,    137,    138,    141,    146,  149,    150,    152,    153,    155,  157,  163, 

164,  165,    175,    201,    202,  203,    206,    207,    209,    213,    215,  219,    231,    232,    249,    254,  255,  256, 

257,  258,    259,    261,    262,  272,    275,    278,    280,    281,    289,  294,    303,   307,    308,    311,  321,  324, 

327,  347,    350,    354,    357,  358,    359,    362,    364,    365,    385,  386,    387,    388,    392,    395,  396,  397, 

408,  409,    410,    411,    421,  430,    431,    434,    437,    438,    442,  444,    448,    449,    450,    452,  454,  456, 

457,  458,    461,    462,    463,  467,    468,    469,    479,    490,    498,  499,    500,    502,    503,    504,  506,  507, 

510,  511,    512,    513,    532,    534,    542,    546,    547,    548,    551,    567,    571,    573,    577,  580,  581, 

601,  604,    607,,  608,    609,  611,    614,    62Q,    624,    632,    638,  643,    645,    646,    652,    653,  659,  707, 

708,  716,   720.  ' 

QUO   WARRANTO,    WRIT   OF— 
see    "Judicial    Department,"    §3. 

R 

RAILROADS— 

see    "Corporations,"    §§4-8,    12,    14. 

see   "Judicial  Department,"   §11. 

see   "Legislative  Department,"   §25. 

petition    concerning,    191. 

resolutions   concerning,   55,    59,    72,   116,    119,    334. 

RATES— Of    taxation,    see    "Revenue,"     §11. 

no   discrimination  by   railroads;   see   "Corporations,"    §6. 

RAYMOND,  R.  W.,  57. 
REED,  S.  B.,  87. 

REFEREES— 

resolution    concerning,    71. 
REGENTS    OF   UNIVERSITY— 

see    "Education,"    §§12-14. 

RELIGION— 

see   "Bill  of  Rights,"   §4. 

see    "Ordinance." 

see   "Education,"    §8. 

petitions  concerning,   163,   201,  22S. 

REPORT    OF   PROCEEDINGS   OF   CONVENTION,    33,    35,    78,    98,    131. 

REPORTS    OF   STATE    OFFICERS— 
see   "Executive   Department." 
see  "Officers." 

REPRESENTATIVES,    CONGRESSIONAL— 
see  "Legislative  Department,"  §34. 

RESERVATIONS— RIGHTS  OF  INHABITANTS   OF,    100. 

RESOLUTIONS— 

copies  to  be  printed,  154. 


i.\m:.\.  769 

REVENUE- 

sectlon  1.    Fiscal  year,  414,  506,  549,  612,  616,  617,  688. 

section  2.    Taxes  to  be  provided,  414,  483,  506,  549,  612,  616,  617,  688. 

s.  it  ion  3.    Taxes  uniform— exemptions,  44,  148,  297,  393,  414,  483,  505,  506,  507, 

549,   612,   616,   617,   688,    689. 

section  4.    Public  property  exempt,  44,  148,   414,  483,  484,  549,  613,  616,  617,  689. 
section  5.    Religious    property    exempt,    414,    484,    510,    511,    512,    544,    545,    546, 

547,  548,   549,   613,   616,   617,  689. 

section  6.    Other  exemptions  void,  414,   484,  513,  549,  613,  616,  617,  689. 
Section  7.    General  assembly  not  to  impose  taxes  for  cities,   counties,   etc., 

414,  484,   513,  549,   613,  616,  617,   689. 
section  8.    No  county,   etc.,   released  from   taxes,  414,   484,   513,    549,   613,   616, 

617,  689. 

section  9.    Power   to    tax   corporations    can    not   be    released,    414,    484,    513, 

549,    613,   618,    689. 

section  10.    Corporations  subject   to  tax,   415,   484,   513,   549,   613,   618,  689. 
section  11.    Rates  of  taxation,  415,  484,  513,  550,   613,  616,  618,   689. 
section  12.    Public    funds— treasurer    to    keep    accounts— make    reports,    415,. 

484,  513,   550,  613,   616,   618,   689,  690. 
section  13.    Making  profit  on   putlic  money  a  felony,   415,   485,    513,   550,   614, 

618,  690. 

section  14.    Private    property— coi  porate    debt,    415,     485,    513,    550,    614,     616, 

618,    690. 

section  15.    Board  of  Equalization,   415,  485,   513,  550,   614,  616,   619,   690. 
section  16.    Appropriations   not    to    exceed   taxes,    514,    595,    609,    617,   619,    620, 

623,   639,   641,   690. 

REVENUE  AND  FINANCE,  COMMITTEE  ON,  25,  44,  56,  60,  71,  112,  138,  146, 
149,  150,  152,  158,  165,  193,  280,  292,  314,  413,  428,  478,  483,  505,  510,  511,  512,  516, 
544,  595,  601,  604,  608. 

REVISIONS  AND  ADJUSTMENTS,  COMMITTEE  ON,   25,   178,  179,  190,  233,  247, 

249,  264,  281,    283,    294,    306,    308,    326,  351,    356,  361,  372,  378,  382,  383,  384,  388,  389, 

394,  399,  400,    404,    417,    429,    434,    442,  443,    444,  447,  460,  474,  476,  478,  479,  486,  491, 

500,  505,  507,    516,    521,    522,    523,    524,  527,    528,  532,  534,  535,  544,  545,  551,  552,  559, 

560,  561,  565,    566,   567,    568,    570,    571,  579,    580,  581,  582,  585,  588,  589,  593,  594,  595, 

600,  604,  608,  .609,    610,    611,    614,    615,  616,    619,  621,  623,  626,  627,  628,  629,  630,  637, 

638,  641,  643,   647,  650,   652,   653,   657,   658,    709. 

RICHARDS    &    CO.,    161,    716. 

RIGHTS  OF  SUFFRAGE  AND  ELECTIONS,  COMMITTEE  ON,  24,  44,  61, 
70,  111,  165,  220,  248,  261,  264,  266,  271,  288,  303,  308,  314,  315,  321,  404.  429. 

RILUR,  JOS.  H.,  113. 

RIO  GRANDE,    COUNTY   OF— 

see    "Judicial    Department,"    §13. 

see  "Legislative  Department,"   §§48,  49. 

representatives   in    convention.   15. 

ROBBINS,  A.    B.,    88. 

ROCKWELL,  LEWIS  C.,  15,  16,  18,  19,  20,  21,  22,  23.  27,  36,  37,  57,  61,  73,  83,  102, 

103,  105,  116,  120,  121,  126,  137,  138,  141,  146,  149,  153,  154,  155,  157,  163,  164,  165,  176, 

185,  191,  192,  193,  194,  201,  202,  203,  206,  207,  209,  228,  292,  231,  232,  236,  243,  248, 

255,  256,  257,  258,  259,  261,  262,  271,  272,  280,  281,  288,  294,  302,  304,  307,  308,  309, 

311.  313,  316,  320,  321,  332,  343,  347,  356,  373,  379,  389,  394,  395,  396,  397,  400,  409, 

410,  411,  417,  421,  428,  429,  434,  437,  438,  443,  444,  446.  448,  449,  450,  454,  456,  457, 

458,  461,  462,  463,  467,  468,  469,  498,  499,  500,  501,  502,  503,  504,  505,  506,  507,  510, 

511,  512,  513,  515,  516,  534,  547,  566,  589,  604,  611,  621,  628.  633,  637,  645,  646,  649, 

650,  652,  654,  659,  707,  709,  716,  718. 


770  .     INDEX. 

ROCKY  MOUNTAIN  NEWS,   78. 

ROOT,   A.    H.,    139. 

HOUTT,   JOHN   L.,   78. 

RULES  OF  THE  CONVENTION,   27,   31,   33,   42,   48,   54,   62,   92,    98. 

RULES,  COMMITTEE  ON   (STANDING),  55,  62,  92,  100. 

s 

SABBATH,    RESOLUTION   CONCERNING,    83.    87. 
SAGUACHE,   COUNTY  OF— 

see   "Judicial   Department,"    §13. 

see   "Legislative  Department,"   §§48,   49. 

representatives  in   convention,   15. 

ST.  JAMES  M.  E.  CHURCH— 

resolution   from,    112. 
ST.   JOHN'S  P.   E.   CHURCH— 

invitation  from,  310. 
ST.   PAUL'S  PRESBYTERIAN  CHURCH— 

resolutions  from,  112. 
SALT    SPRINGS— 

set  aside  with   land,    12. 
SANDERS,    REV.,    709. 
SAN  JUAN,  COUNTY  OF— 

see   "Judicial  Department,"    §13. 

see  "Legislative  Department,"   §§48,   49. 

representatives   in   convention,   15. 

SAULSBURY,  W.  H.,  717. 
SCHAYER,    C.    M.,    313. 
SCHEDULE— 

section  1.    All    laws    remain    until    repealed,    350,    542,    575,    607,    624,    639,    641, 

653,    703. 
section  2.    Contracts,  recognizances,   etc.,  remain  in  full  force,   350,  542,  575, 

607,   624,   639,  641,   703. 
section  3.    Territorial    property    vests    in    state,    350,    543,    576,    607,    624,    639, 

641,   704. 
section  4.    General  assembly  pass   laws  to  effectuate  this  constitution,   543, 

576,  607,   625,  639,  641,  704. 
section  5.    Supreme  and  district  courts— transition,  543,  576,   607,   625,  632,  639, 

640,    641,    704. 
section  6.    Judges  and  district  attorneys — commencement  of  terms,   543,   576, 

607,  625,  640,  704. 
section  7.    Seals   of   supreme   and   district   courts   remain,   543,   576,    607,    625, 

640,   704. 

section  8.    Probate   court— county  court,   543,  576,   607,   625,    640,   704,   705. 
section  9.     "Probate     Judge"     equals     "County     Judge,"     543,     576,     607,     625, 

640,    705. 


771 

SCHEDULE— Continued. 

section  10.  County   ami  precinct  officers  hold  over,  543,  576,  608,  625,  641,  706 

section  11.  Vacancies  in  county  offices,  544,  577,  608,  625,  641,  705. 

section  12.  Constitution   takes   effect   on    president's   proclamation,   626,   641, 

705. 

section  13.  First  election— contest,  515,  632,  705. 

section  14.  First  election— canvass,  515,  633,  705,  706. 

section  15.  Senators  and  representatives— districts   remain,   650,   706. 

section  16.  Congressional    election— canvass,    650,   706. 

section  17.  Restriction  on  general  assembly  as  to  passage  of  bills  removed, 

for  first  session,  655,  706. 

section  18.  First  election— canvass,  657,  658,  706. 

section  19.  Presidential    electors   1876,    642,    655,    657,    658,    706. 

section  20.  Presidential   electors  after  1876,  658,  659,   707. 

section  21.  Expenses  of  this  convention,  659,  707. 

section  22.  Recognizances  and  bonds  payable  to  people  continue,  660,  707. 

SCHEDULE,   COMMITTEE'  ON,   25,   350,   382,   429,   533,   542,   575,   607,   614,  632,   641. 
SCHMIDT,    ANDREW,    22,    423,    717. 

SCHOOL    BOARDS— 

see  "Education,"  §15. 

SCHOOL   DISTRICTS- 
see  "Education,"   §15. 

SCHOOL    FUND— 

see   "Education,"    §§3,   5. 

petitions  concerning  division   of,   174,   228,  235,   236,   261,  277,   278,   295,   296,    309, 
310,   313,   320,   329. 

SCHOOL    LANDS— 

see  "Education,"   §§5,  6,  9,   10. 
how  to  be  sold,  71,  109,   '2~. 
settlers    on,    protected,    72,    109. 

SCHOOL    OF   MINES— 

see    "State   Institutions." 

SCHOOLS— 

see   "Legislative  Department,"    §25;    see   "Education;"   see   "Indebtedness," 
§7;   see   "Public   Schools." 

SEAL  OF   STATE— 

see  "Executive  Department,"  §18. 
SEAT  OF  GOVERNMENT— 

see  "State  Institutions,"  §§2,  3. 

SECRETARY   OF   STATE— 

see   "Executive  Department,"    §§1,   4,  18,   19;   see   "Education,"   §§1,   9;   see 
"Revenue,"    §15. 

SECRETARY    OF    CONVENTION- 
see   "Organization." 

SECTARIAN    INSTITUTIONS— 

see   "Education,"    S7;   see  "Legislative  Department,"   §34. 


772  INDEX. 

SERGEANT-AT-ARMS    OF    CONVENTION—  ' 

see   "Organization." 
SENATE,    STATE— 

see     "Executive    Department,"     §6;     see    Legislative    Department,"     §§2-6; 
see    "Impeachments,"    §1. 

SEVENTEENTH    STREET    PRESBYTERIAN    CHURCH— 

resolutions  from,  112. 
SHELDON,    A.    F.,    150. 
SHERIFF— 

see  "Counties,"   §8. 
SHORTLEY,   WM.,   296. 

SIXTEENTH  GENERAL  ASSEMBLY,    §7. 
SLAVERY    PROHIBITED— 

see  "Bill  of  Rights,"  §26. 

SPALDING,    RT.    REV.    JOHN   F.,   138,   228,   310. 
SPANISH— 

laws,   etc.,    to  be  published  in,   100,   162,  244,   282,  283,   638,   702. 
Address   to  the  People  in,   244. 

SPEAKER  OF  THE   HOUSE— 

see    "Executive   Department,"    §15;    see    "Legislative   Department,"    §10. 
SPECIAL   ASSESSMENTS— 

petition  favoring,  139. 

STANDING   COMMITTEES,    COMMITTEE    ON,   23,    24. 
STANLEY,  HERBERT,   first  assistant  secretary,  21,   423,   707,   717,  720. 
STANTON,   FRED  J.,   22,   423,   717,   718,   720. 

STATE,  COUNTY  AND  MUNICIPAL  INDEBTEDNESS,   COMMITTEE  ON,  25, 

41,    45,    46,    61,    158,    163,    166,    174,    191,    192,    194,    196,    197,    273,    287,    288,    289,    292,    336, 
343,  351,  373,  374,  392,  404,  435,  438,  439,  595. 

STATE    INSTITUTIONS— 

section  1.    Free  institutions  established,  155,  188,  324,  325,  417,  475,  521,  522,  685. 

section  2.    Seat   of  government,  166,  323,   324,    325,  475,   521,   522,   685. 

section  3.    Change  of  seat  of  government,  166,   188.  324,  325,  418,   475,   521,   522. 

685. 

section  4.    Capitol  building,  166,  188,   324,  325,  475,   521,  522,   685. 
section  5.    Territorial    institutions    become    state— transfer,    85,    101,    166,    188, 

237,   302,   324,   325,  418,  475,   522,  523,   685. 

STATE  INSTITUTIONS  AND   BUILDINGS,    COMMITTEE   ON,   25,   60,    165.    174, 
175,  176,  184,  188,  189,  190,  237,   243,   294,   S02,  S03,  315,   323,  325,  326,  327,   417,    522. 

STATE   LIBRARIAN— 

see    "Education." 
STATIONERY— 

see   "Legislative   Department,"    §29. 

committee   on,   24,  25. 


INDKX.  773 

STENOGRAPHER— 

motion  to  employ,  32. 
report   of  committee   on,   78. 

STEWART,   JOHN,   713. 

STONE,  WILBUR  F.,  16,  17,  18,  19,  20,  21/22,  23,  24,  25,  26,  33,  35,  36,  37,  42,  43, 
46.  48,  55,  78,  79,  83,  86,  99,  100,  101,  102,  103,  105,  107,  109,  114,  116,  117,  120, 
1-1,  123,  124,  126,  137,  141,  145,  149,  150,  151,  152,  153,  155,  157,  176,  180,  184,  185.  1^. 
191,  192,  193,  194,  196,  198,  200,  201,  202,  203,  204,  206,  207,  208,  209,  213,  214,  215. 
219,  221,  222,  228,  229,  2SO,  231,  232,  235,  237,  243,  244,  248,  254,  255,  257,  268,  259, 
261,  262,  265.  272,  281,  288,  289,  295,  303,  313,  315,  316,  319,  320.  324,  329,  332,  354,  355, 
356,  357,  358,  359,  364,  365,  375,  383,  384,  385,  386,  387,  388,  389,  392,  393,  395,  396, 
397,  399,  405,  406,  408,  409,  410,  411,  416,  417,  422,  430,  431,  437,  444,  446,  447,  448, 
449,  450,  454,  455,  456,  457,  458,  460,  461.  462,  463,  466,  467.  468.  469,  479,  490,  498, 
499,  500,  502,  503,  504,  512,  516,  523,  532,  534,  544,  545,  546,  547,  548,  567,  573,  589, 
604,  611,  621,  C28,  643,  645,  649,  650,  652,  655,  657,  659,  707,  708,  710,  716,  718,  719,  734. 

STONE,    W.    H.,    715. 

STOVER,   WILLIAM   C.,   15,   16,   17,   18,   20,   21,   22,   23,   24,   27,    34,  36,   37,   68,   86,   99, 

102,  116,  117,    120,    121,    123,    124,    146,    152,   153,   156,   157,    174,    175,  192,    201,  202,  203, 

206.  207,  209,    215,    219,    231,    232,    254.    255,    256,    257,    258,    259,    262,  272,    280,  294,  304, 

307,  308.  309,    319,    323,    324,    329,    337,    354,    356,   357,    358,    359,    365,  385,    386,  387,  388, 

395,  396,  397,    405,    406,    417,    418,    419,    422,    430,    431,    437,    444,    447,  448,    449,  450,  454. 

456,  467,  458,    461,    462,    464,    465,    467,    468,    469,    498,    499,    500,    502,  504,    506,  507,  510, 

511,  512,  513,  514,   532,  534,  546,  547,  548,  551,   571,   573,  577,   581,   601,   607,   609,  611,  620, 

632,  645,  652,    657,   707,    708,   709,   713,   716,  71S. 

STREET    RAILROADS^ 

see   "Corporations." 
STURTEVANT,   REV.   J.   M.,     41,   113,   126,    180,   208,   399,   566,   628,  721. 

SUFFRAGE    AND    ELECTIONS— 

section    1.  Citizenship— residence,   265,   321,   429,   432,   539,    582,    583,   683. 

section    2.  Woman  suffrage,  109:  165,  265,  322,  429,  430,  432,  539,  582,   5S?,   683. 

section    3.  Educational    qualifications,   265.   322,    432,    537,   582,    583,    683. 

section  4.  Absence  in  civil  or  military  service,  44,  265,  322,  430.  433,  539, 

582,  5S4,  684. 

section    5.  Privilege    of   voters,    265,    322,    430,    433,    539,    582,    584,   684. 

section    6.  Electors  only  eligible  to  otflce,  265,  322,  430,   433,  539,  582,  584,  684. 

section    7.  General  elections,   265,  322,   430,  431,    433,   539,  582,   584,   684. 

section    8.  Election   by    ballot,   266,   322,    431,    433,    539,   540,   582,   584,    684. 

section    9.  Witness  in   election   trial,  266,  322,   433,  540,   582,   584,  6&4. 

section  10.  Prisoners  disqualified— convicts  having  served  out  term  re- 
enfranchised,  60,  266,  323,  431,  433,  540,  582,  584,  684. 

section  11.  Purity  of  elections,  266,  323,  432,  433,  540,  584,  684. 

section  12.  Contests,   266,  323,  432,  434,  540,  584,  684. 

SULLIVAN,   — ,    21. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 
see   "Education"    §§1,  9. 
see  "Executive  Department,"   §§1,  4. 

SUPREME    COURT— 

see    "Judicial   Department." 
see   "Schedule,"    §§5-7. 


774  INDEX. 

SUMMIT,    COUNTY  OF— 

see  "Judicial  Department,"  §13.  x 

see  "Legislative  Department,"  §§48,  49. 
Representatives  in  convention,  15. 

T 

TAFFE,   JOHN,  secretary  of  territory,   35,  38,  634,  718. 
TAXES— 

see    "Revenue." 

to  be  levied  on  corporate  property,  60. 

see  "Ordinance." 

TELEGRAPH    COMPANIES— 

see  "Corporations,"   §14. 

TERPENING,  H.  A.,  second  assistant  secretary,  21,  423,  707.  717.  720. 
TERRITORY    OF  COLORADO— 

see  "Colorado." 

see   "Legislature." 

TEXT  BOOKS  IN  PUBLIC  SCHOOLS— 
see   "Education,"   §16. 

THATCHER,  HENRY  C.,  16,  17,  18,  20,  21,   22,  23,  24,  33,  36,  37,  38,  41,  79,  81,  86,  99, 

100,  101,  102,  111,    116,  117,  120,  121,    123,    131,    137,    138,    141,    146,    149,  150,  152,  153, 

155,  157,  174,  176,    177,  185,  189,  200,    201,    202,    203,    206,    207,    209,    210,  211,  215,  219, 

220,  231,  232,  235,    237,  254,  265,  256,    257,    258,    259,    260,    261,    262,    272,  280,  281,  292, 

293,  294,  303,  304,    307,  308,  319,  321,    327,    332,    343,    347,    354.    356,    357,  358,  361,  364, 

365,  373,  374,  385,    388,  389,  392,  399,    408,    409,    410,    411,    413,    417,    418,  422,  425,  429, 

430,  437,  438,  442,    448,  449,  450,  454,    465,    456,    467,    468,    469,    489,    498,  499,  500,  502, 

504,  506,  507,  510,    532,  533,  534,  546,    547,    548,    571,    573,    589,    604,    611,  621,  628,  633, 

637,  645,  646,  649,   650,  652,  654,  657,    659,    660,   707,   708,    716.    718,    719. 

TIMES,    THE— 

copies  for  members,  25,  78. 
TITLE,  TO  EMBRACE  OBJECT  OF  LAW— 

see   "Legislative  Department,"    §21. 
TODD,   WM.   D.,   62. 
TOLL  BRIDGES,    NO  SPECIAL  LAWS  LICENSING- 

see   "Legislative  Department,"   §25. 
TOLL  ROADS— 

resolution   to   expropriate,    68. 
TOWNS,   LIMITATION  OF  DEBT   OF— 

see    "Indebtedness,"    §6. 

TREASURER,    STATE— 

see   "Executive  Department,"   §§1.    1,   19.   21. 
see   "Education,"   §3. 
see  "Revenue,"   §§12,  15. 


775 


TREASURERS.    COUNTY— 
see  "Counties,"   §8. 
see  "Education,"    §4. 
grand  jury   to   investigate — 
see  "Officers,"  §5. 

TRIBUNE,    THE— 

copies  for  members,   2f>,   7s 
bill  from,  161. 

TYRER,    R.    W.,    39. 

u 

UNITED   PRESBYTERIAN   CHURCH- 
resolution  from  Presbytery,  87. 

UNITED  STATES— 

see  "Ordinance." 

property  of— 

see   "Exemptions." 

citizenship   necessary- 
see    "Executive   Department,"    §4. 

payment  of  expenses  of  .convention  by,  38. 

president   of,   proclamation,   736. 

secretary  of  state  of,   proclamation,   736. 

UNIVERSITY    OF    COLORADO— 
see  "Education,"    §§12,    13,    14. 
see  "State  Institutions,"    §5. 
land  set  aside  for,  12. 


VAN  ZANDT,  B.,  41.  79. 
VENUE,  CHANGE  OF— 

see  "Legislative  Department,"   §§25,  37. 
VETO— 

see   "Executive  Department,"   §§11,  12. 

VIGIL,   AGAPITO,   16,   17,  18,   20,  21,   22,  23,   33,  36.   86.  99,  102,  109,   116,  117,  120,  121, 

152,  153,    157,    176,    185,    201,    202,  203,    206,    207,  209,    214,    215,    219,    231,    232,  254,  255, 

2S6,  257,    258,    259,    200,    262,    271,  272,    280,    282,  294,    303,    304,    307,    308,    311,  319,  324, 

354,  357,  358,  359,  364,  365,  385,  386,  387,  388,  395,  396,  397,  408,  409,  410,  411,  422,  430,  431, 

434,  437,    444,    448,    449,    450,    454,  456,    457,    468,  461,    462.    463,    467,    468,    469.  498,  499, 

500,  502,    504,    506,    507,    510,    511,  512.    513,    532,  534,    547,    548,    571,    573.    577,  589,  604, 

611.  621,    628,    633.    637,    645,    646.  649,    650,    652,  654.    667.    658.    659,    660.    707.  709.  716, 
718. 

VOGT,    ALEX.,   310. 
VOTEH- 

see   "Suffrage  and   Elections." 


776  INDEX. 

w 

WARNER,   DOCK,   311. 
WARRANTS— 

see    "Legislative   Department,"    §33. 
see  "Bill  of  Rights,"    §7. 

WATER— 

see    "Irrigation." 

WAYS  AND  MEANS,   COMMITTEE  ON,  33,  38,   40. 
WEBER,    ALBERT    H.,    313. 
WEINGER,    MAX,    310. 

WELD,    COUNTY   OF— 

see   "Judicial  Department,"    §13. 

see    "Legislative    Department,"    §§48,    49. 

representatives  in  convention  from,  15. 

WEBSTER,  W.  W.,  15,  16,  18,  20,  21  22,  23,  33,  35,  36,  37,  55,  57,  66,  71,  S6,  99, 
102,  108,  109,  111,  116,  117,  118,  120,  121,  123.  124,  137,  146,  149,  150,  152,  153,  155, 
157,  164.  165.  190,  191,  201,  202,  203,  206,  207,  209,  214,  215,  219,  222,  231,  232,  254,  255, 
256,  257,  258,  259,  260,  262,  264,  265,  272,  274,  280,  281,  288,  289,  294,  295,  303,  307, 
308,  309,  310,  313.  315,  319,  320,  324,  327,  328,  329,  332,  337,  343,  354,  356,  364,  365,  373,  382, 
385,  386,  387,  388,  392,  394,  395,  396,  397,  399,  405,  406,  408,  409,  410,  411,  417,  418, 
422,  428,  430,  431,  436,  438,  439,  443,  444,  447,  448,  449,  450.  454,  456,  457,  458,  461, 
462,  463,  -167,  468,  469,  499,  500,  502,  W>4,  506,  507,  510,  511,  512,  513,  516,  532,  534, 
544,  546,  548,  566.  567,  570,  571,  572,  573,  575,  577,  581,  589,  595,  601,  604,  609,  611, 
614,  620,  621,  623,  6^4,  634,  635,  643,  645,  646,  649,  653,  707,  708,  716. 

WELLS,    EBENEZER   T.,   15,   16,   18,  20,    21,    22,   23,  24,   27,    35,   36,    37,   41,    42,    43,  54, 

68,    70,    73,    86,    99,    102,    106,    112,    116,  120,  121,    124,  141,    149,    153,    157,    161,    176,  177, 

179,    180,    185,    192,    194,    198,    200.    202,  203,  206,    207,  209,    230,    231,    232,    254,    255,  257, 

258,    259,    260,    261.    262,    272,    280,    281,  288,  293,    294,  302,    307,    308,    316,    319,    320,  324, 

342,    343,    351,    354,    357,    358,    360,    363,  364,  365,    372,  373,    384,    385,    386,    387,    388,  389, 

392,  394,  395,  396,  397,  400,  404,  408,  409,  410,  411,  417,  422,  424,  429,  438,  443,  444,  448,  449, 

450,    454,    456,    457,    458,    460,    461,    462,  463,  464,    467,  468,    469,    474,    476,    479,    486,  491, 

498,  499,    500,    502,    516,    521,    523,    527,  532,  533,    534,  535,    540,    544,   545,    546,    547,  548, 
551,    552,    558,    559,    560,    561,    565,    566,  567,  570,    573,  579,    580,    581,    582,    585,    588,  589, 
593,    594,    596,    600,    601,    609,    611,    616,  621,  622,    624,  626,    628,    629,    630,    637,    638,  641, 
642,    643,    645,    647.    648,    650,    653,    654,  656,  657,    658,  659,    660,    707,    708,    716,    721,  734. 

WHIST,    W.,   310. 
WHEELER,    MRS.    M.    E.,    79. 

WHITE,    GEORGE    G.,    15,    16,    18,    20,    24,    27,    35,    36,    37,    41,    55,    62,    66,    68,    83,    86, 

92,    99,    100,    102,    105,    107,    109,    116,    117,    118,    120,    121,    124,    126,    137,    138,    141,  146, 

149,    150,    153,    155,    157,    163,    164,    165,    174,    175,    180,    185,    191,    192,   193,    200,    20S,  214, 

230,  235,  247,  248,   256,   261,   262,   274,  277,  280,   281,   282,  283,   292,   293,   294,    295,   303,  309, 

311,    312,    313,    315,    320,    321,    324,    327, -329,    336,    342,    343,    347,    353,    354,    356,    358,  359, 

360,    363,    365,    373,    382,    385,    386,    387,    389,    394,    396,    3J97,    398,    399,    405,    406,    408,  409, 

410,    411,    417,    418,    422,    429,    430,    438,    447,    448,    449,    450,    453,    464,    469,    483,    490,  498, 

499,  500,    502,    516,    534,    548,    566,    567,    573,    577,    578,    580,    581,    583,    589,    604,    611,  621, 
634,    635,    637,    645,    646,    647,    648,    649,    652,    654,    657,    658,    659,    707,    708,    709,    711,  716, 
718,    719,    720. 


IMH:.\.  77 1 

WHEELER,    JOHN    S.,    15,    18,    20,    L'l.    L'li,    13,    24,    33,    36.    37.    39,    41.    66,    71,  86, 

!«9.    102,   106,    109.    111.    Hi;.    117.    Ijn.    lin.    ill,   163,   164,   157,   175,   176,   186,   201,  202, 

203,    206,   209,    216,    219,   221,    231.    232,    264,    256,   266,    257,    258,    259,    260,    262,    272,  280, 

288,    289,    296,   296,    303,    304,    319,    324,    332,    354,    367,    358,    359,    364,    386,    386,    387,  396, 

397,    405,   406,    408,    409,    410,    411,    422,    430,    431,    436,    438,    444,    448,    449,    450,    463,  464, 
467,    468,    461,    462,   464,    468,    469,    478.    498,    499,    500,    502,    604,    606,    607,    510,    .ill. 

513,  534.    547,    648,    571,    573.   577.    581,    601,    609.    621,    631,    632,    643.    646,    649.    660,  667, 
707,  708.   716,  718,   719,   734. 

WHITEHEAD,    W.    R.,    139. 

WHOLE,  COMMITTEE  OF  THE,  42,   48,  54,  57,  102,   103,  108,   109,   115,   121,  122,  124. 

125.    126,   130.    137,    141,    145.    147.    151.    152,    154.    164,    167,    173,    174,    175,    176,    177,  178. 

180,    184,    188,    189,    190,    192,    194,    196.    197.    198,    200,    201,    202,    203,    204,    206,    206,  207, 

208,  209,    210,    211,    215,   216,    217,    219,    220,    221,    222,    228,    229,    230,    232,    243,    244,  245. 
250,    253,    254,    255,    256,    258,    259,    260.    261.    262.    263,    264,    275,    279,    280,    281,    282,  283. 
286,    289,    292,    302,    303.    304,    307.    308.    311,    312,    316,    320,    321,    323,    324,    327,    328,  336. 
337,    342,    343,    344,   354,    355,    357,    358,    359,    373,    374,    379,    381,    383,    384,    385,    386,  387, 
388,    393,    394,    395,    396,    398^    399,    404.    405,    406.    407,    408,    409,    411,    413,    418,    425,  428. 
429,    430,    431,    432,    434,    435,    436,    438,    439,    448,    449,    450,    453,    455,    456,    457,    458,  461. 
462,    464,    465,    466,    467,   468,    469,    470,    483,    501,    503,    504,    505,    507,    510,    511,    512,  513. 

514,  575,   577,   578,   604,   605,    606,   607,    608,    634,    635.   654. 

WIDDETRFIELD,    J.   W.,    15,   16,   18,   20,   21,   22,    23,   33,   35,    36,   37.   41.    79,   86,   99,  102, 

116,    117,    120,    121,    149,    153,    157,    176,    180,    185,    197,    201,    202,    203,    204,    206,    207,  208. 

209,  214,    215,    219,    231,    232,    248,    254,    255,    256,    257,    258,    259,    261,    262,    272,    277,  278, 
280,    281,    288,    289,    292,    294,    295,    303.    309,    311,    313,    316,    320,    323,    324,    327,    346.  354. 
355,    357,    358,    359,    364,   374,    385,    386,    387,    392,    395,    396,    397,    405,    406,    407,    408.  409, 

410,  411,    422,    429,    438,    444,    446,    447,    448,    449,    450,    454,    456,    457,    458,    461,    462,  464, 
467,    468,    490,    498,    499,    500,    502,    503,    504,    506,    507,    510,    511,    512,    532,    534,    546,  547, 
548,    570,    573,    577,    580,    581,    585,    601.    607,    609,    620,    624,    630,    631,    632,    635,    646,  650, 
657,   659,   6GO,   707,   709,   716,   718. 

WILLEBORG,  W.,  572,  709. 
WILLIAMS.  A.  J.,  139. 

WILCOX,   P.   P.,   15,  16,   18.   20,  21,  22,   23,   24,   33,  34,  37,    44,   58,   59,   60,   6S,    84,   86,   88. 

99,    102,    110,    114,    116,    117,    118,    120,    121,    123,    124,    126,    137,    149,    153,    156,    157,  163, 

176,  180.   185,  191,   192,   193,   194,   201,   202,   203.   206,   207,   209.   214,   215,  219,   220,  "221,  222, 

231,   232,    242,    244,    247,    243,    256,    262,    263,    272,    280,    294,    304,    307,    308,    309,    311,  315. 

319,    324,    327,    337,    349,    356,    359,   363,    364.    365,    388,    395,   396,    397,    399.    408,    409,  410, 

411,  422.    428,    429,    438,    447,    453,    510,    511,    512,    513,    534,   547,    566,    573,    589,    604,  620, 
646,  647,  653,  657,   658,   707,  70S,   709,   716,   718. 

WILKINS,   DAVID   F.,   23,  41,  316,  318,   320,   424.   717. 
\\ILIvS,    REV.,    105. 

\\-ILSON,  J.    C.,   15,   17,    18,  21,  22,  23,   33,   62,   78,  86,   88,  92,   99,   101,   102,   103.    108,  115. 

116,  117.  118,  120,   121.   123,   126.  131.  137,   147,  150,   151,   153,   157,  158,   161,   163,  1W,  176. 

181,    193,    194,    196,    197,    200.    201.    202,    203.    206.    207,    209,    213.    215,    219,    229.    231,  232, 

234,    237,    243,    248,    249.    254,    255,    256,    257,    258,    259,    260,    262,    272,    2SO,    294,  .307,  308, 

313,    319.    324,    328,    354,    356   357.    35S,    359,    364,    365.    385,    386.    387,    388,    389.    392,  395. 

396,    397,    406.    407,    408.    409,    410,    411,    413,    417,    419,    423,    425,    430,    431,    i33,    444,  146, 

448,    449,    450,    454,    466,    457,    458,    460.    461,    462.    463,    467,    468.    469.    479,    486,    198,  499, 

500,    502,    504,    506,    507.    510,    511.    512,    513.    r,:iL\    584,    535,    540.    541,    546,    547,    548.  566. 

571,    573.    574,    577,    581.    582,    585.    589,    593,    594.    595.    601.    605.    608,    609.    611.    620.  621. 

624,    628.    630.    632,    637.    643.    646.    647,    652,    655.    657.    658.    659.    661.    707,    708.    709.  710. 
713,  717. 

address  upon  election  to  presidency  cf  convent!on.  IS. 
WILSON,  J.    K.,   139. 
WILSON.  JAS.   M.,   118. 


778  INDEX. 


WOMAN  SUFFRAGE— 

see  "Suffrage  and  Elections,"  §2. 
petitions  concerning,  109,  112,  165,  261,  314. 
report  of  committee  on,  266. 

WOMAN'S    SUFFRAGE    ASSOCIATION    OF    MISSOURI— 
communication    from,    109. 

WOMEN— 

eligible  to  school  offices,  111,  187,  315. 
see    "Education." 

WOODBURY,    R.    W.,    161. 
WORTMAN,    E.,.  313. 
WORTMAN,  H.,  313. 
WRIGHT,  RETV.,  111. 


YEAMAN,  HARVEY,    107. 

YOUNT,    ABRAM    KNOX,    15,    16,    18,    20,    21,    22,    23,    36,    37,    41,    42,    78,    83,    86,  99, 

100,    102,  108,    114,    116,    117,    118,    120,    121,    125,    137,    152,    155,    157,    158,    161,    163,  166, 

167,  174,  175,   180,   185,  191,   192,  193,   200,  209,   215,   219,   228,  231,  232,   234,   254,   255,  257, 

258,    259,  262,    263,    264,    272,    273,    275,    277,    280,    281,    288,    289,    294,    304,    307,    308,  314, 

315,    319,  320,    324,    329,   336,    347,    354,    356,    357,    358,    359,    361,   364,    365,    385,    386,  387, 

388,    395,  396,    397,    410,'  411,    414,    418,    419,    423,    428,    430,    436,    438,    444,    448,    449,  450, 

454,    456,  457,    458,    461,    462,    463,    464,    467,    468,    469,    490,    498,    499,    500,    502,    506,  507, 

510,    511,  512,    513,    516,   521,    532,    534,    546,    547,    548,    570,    573,    593,    601,    608,    609,  620, 

624,    633,  634,    642,    643,    644,    646,    653,    657,    707,    708,    709,    713,    716,    719,.  720,    721. 


,  3 
C6S- 


